Missouri Supreme Court Clarifies 'Marijuana Offense'

COLUMBIA, Mo. — A recent decision by the Missouri Supreme Court has made it more difficult for residents to have their marijuana offense records expunged, sparking debate among defense attorneys and advocates. The July ruling altered the legal definition of a marijuana offense, effectively restricting which cases qualify for expungement and narrowing the scope of Missouri's 2022 cannabis reforms.

Under Amendment 2, which voters approved in November 2022, Article XIV, Section 2 of the Missouri Constitution required circuit courts to expunge criminal records for certain marijuana offense convictions, including class A-D felonies involving more than 3 pounds. However, the Missouri Supreme Court's new interpretation redefines marijuana offenses as only those involving 3 ounces or less — a dramatic shift that excludes thousands of past felony cases from eligibility.

Columbia defense attorney Dan Viets, a member of the Missouri NORML Board of Directors, said the court's ruling contradicts the clear intent of voters who wanted broader relief for individuals with a marijuana offense on their record. "We have already had more than 150,000 cases expunged, many of which were felony cases that would not have qualified under this new definition," Viets said. "But I don't believe those expungements will be undone."

Viets emphasized that the change primarily affects older cases, many from the 20th century, when court records were still paper-based. Those with older marijuana offense convictions now face additional hurdles, as their eligibility must be re-evaluated under the narrower definition. "The effect is primarily going to be on cases from before 2000," Viets explained. "And those cases that still qualify under this new marijuana offense definition need to be carefully reviewed for expungement."

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