Legislation revamping Missouri’s criminal code became law last Tuesday, absent the signature of Democrat Gov. Jay Nixon.
Lawmakers and advocates spent some eight years drafting the legislation, Senate Bill 491, which significantly revises the state’s criminal code for the first time in over 30 years. Missouri NORML Coordinator Dan Viets served on the Missouri Bar Association Committee that authored many of the criminal code revisions.
Provisions in the measure amend marijuana possession penalties. At present, the possession of up to 35 grams of cannabis is classified as a Class A criminal misdemeanor, punishable by up to a one-year incarceration and a $1,000 fine. Under SB 291, the possession of 10 grams or less of cannabis will be reclassified as a Class D misdemeanor (the lowest criminal classification available), punishable by a fine, but not the possibility of jail time. However, the possession of greater quantities of cannabis will remain a Class A misdemeanor offense.
In 2010, Missouri police made nearly 18,500 criminal arrests for marijuana possession offenses, one of the highest totals in the country.
Separate provisions in the bill amend Missouri’s “prior and persistent drug offender” law. The changes eliminate the mandate that persons convicted of a drug felony offense for the third time are not eligible for probation or parole.
Unfortunately, despite the passage of SB 491, Missouri residents ought not to expect legal relief any time soon. That is because the changes to the Missouri criminal code do not take effect until Jan. 1, 2017. Consequently, local activists are continuing their push for a potential 2016 legalization initiative.