COLUMBIA, Mo. — Members of a marijuana law watchdog group could seek a court order against several Missouri counties for failing to meet last Thursday’s deadline to expunge all misdemeanor marijuana cases. Members of the National Organization for the Reform of Marijuana Laws, also known as NORML, said the courts failed to comply with the Missouri Constitution.
Missouri voters approved Amendment 3 to legalize recreational marijuana in November 2022. The amendment also allowed individuals with misdemeanor, non-violent marijuana-related offenses to petition for release from prison or parole and probation and have their records expunged. NORML Spokesman Dan Viets said several Missouri courts had made little or no effort to comply with Missouri’s new marijuana law. Viets said Callaway County court officials had only expunged 2 misdemeanor marijuana cases by Thursday’s deadline. Viets said Callaway County was just one example of noncompliance. Viets said many Missouri county court officials could see legal action against them for failing to comply with the requirements of the Missouri Constitution.
Viets said, “Once the deadline has passed, there certainly is a basis for seeking a court order that the lower courts comply with the constitution. This is not a discretionary matter. It’s not a matter of choice. It’s a matter of mandate.”
Boone County prosecutors had expunged nearly 400 marijuana-related cases. Viets said Missouri lawmakers approved funding for the expungements earlier this year. Amendment 3 provided a 6% statewide sales tax on adult-use marijuana to help reimburse any court expenses.
Viets said, “Many rural counties did not have a majority in favor of Article 14. In some cases, I think we are seeing a reflection of that fact in the reluctance of county officials to follow the constitution.”
Viets said court officials had expunged more than 46,000 cases state-wide. Viets said he considered legal action against the lower courts during the next few months, if county court officials failed to make a better effort to expunge misdemeanor marijuana cases.
H/T: krcgtv.com
