Missouri Cannabis Expungement Guide
Discover comprehensive insights into the Missouri cannabis expungement process through these detailed and informative Frequently Asked Questions (FAQ).
How did Missouri handle expungements for cannabis?
Under Constitutional Amendment 3, approved in November, Missouri laws regarding expungement of cannabis-related criminal records were updated9.
All eligible felony cases related to marijuana must be expunged by Dec. 8, 2023. Class D felony cases involving 3 pounds or less of marijuana were to be adjudicated by August 5, 2023.
All felonies? Only non-violent?
Missouri allows for the expungement of the majority of the state’s marijuana convictions, provided the former offenders have completed their sentences, paid restitution, and have since abided by the law.
- The law further limited the number of expungements to one felony and two misdemeanors, with a proposal to increase this limit to three felonies and five misdemeanors
- Certain types of felonies are ineligible for expungement in Missouri, including class A felonies, felony offenses where death was part of the offense, felony assault offenses, misdemeanor or felony offenses for domestic assault, and felony convictions for kidnapping.
Were there any crimes related to cannabis that disqualified someone from applying as a social equity applicant?
Although Missouri doesn’t offer a state social equity program, there are initiatives like the ‘microbusiness’ license program and a lottery program aimed at benefiting those disproportionately affected by marijuana laws.
The criteria established for the lottery limit eligible convictions to non-violent marijuana offenses and exclude convictions for providing marijuana to a minor or for driving under the influence.
Status of Current Social Equity Program:
While Missouri’s medical program awarded points for being minority and woman-owned, Missouri opted to create a specific license for the adult-use market. Only those who meet the social equity requirements are eligible for the microbusiness license. Applicants must meet one of the below criteria in order to apply:
- Have a net worth of less than two hundred fifty thousand dollars ($250,000) and have had an income below two hundred fifty percent (250%) of the federal poverty level, or a successor level, as set forth in the applicable calendar year’s federal poverty income guidelines published by the U.S. Department of Health and Human Services or its successor agency, for at least three (3) of the ten (10) calendar years prior to applying for a microbusiness license; (See documentation requirements)
- Have a valid service-connected disability card issued by the United States Department of Veterans Affairs, or successor agency; (See documentation requirements)
- Be a person who has been or a person whose parent, guardian, or spouse has been arrested for, prosecuted for, or convicted of a non-violent marijuana offense at least one (1) year prior to the effective date of this section, unless the conviction—
- Involved provision of marijuana to a minor; or
- Was for driving under the influence of marijuana (See documentation requirements)
- Reside in a ZIP code or census tract area where —
- Thirty percent (30%) or more of the population lives below the federal poverty level (See documentation requirements)
- The rate of unemployment is fifty percent (50%) higher than the state average rate of unemployment or (See documentation requirements)
- The historic rate of incarceration for marijuana-related offenses is fifty percent (50%) higher than the rate for the entire state or (See documentation requirements)
- Graduated from a school district that was unaccredited, or had a similar successor designation at the time of graduation, or has lived in a ZIP code containing an unaccredited school district or similar successor designation, for three (3) of the past five (5) years.
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