Amendment 2 is the
new medical marijuana law that Missouri voters recently approved. While
Amendment 2 covers many aspects of medicinal marijuana possession, usage, and
regulation, it also contains specific restrictions on the ability of
individuals who hold valid medical marijuana cards to grow their own marijuana
on their property. Specifically, the law limits individuals to growing six
flowering marijuana plants at a time.
Although the new law
already has gone into effect, this doesn’t mean that you can start growing your
own marijuana plants right away. The law is clear that you must obtain
physician certification and pay for a medical marijuana identification card
issued by the Missouri Department of Health and Senior Services (DHSS) in order
to grow marijuana plants. Since DHSS has not yet begun issuing those cards,
then individuals cannot begin growing marijuana, even for their own medicinal
use. There also are no exceptions to this requirement for individuals who hold
out-of-state medical marijuana cards.
Based on the current
timeline set forth by DHSS, applications for medical marijuana cards will
become available June 4, 2019, and DHSS will begin accepted completed
applications by July 4, 2019. DHSS estimates that ID cards may take up to 30
days to receive. As a result, individuals should not expect to have medical
marijuana cards prior to August 3, 2019.
Furthermore, there is
language indicating that home growers must grow marijuana only in
“appropriately secured facilities,” but DHSS has yet to define exactly what
that phrase means. As a result, it is unclear whether cardholders will have to
have some other sort of approval or license in order grow their marijuana
plants at home.
you are charged with any type of DWI or traffic offense, including those that
involve medicinal marijuana usage, you need an experienced criminal
defense attorney to represent your interests from the very beginning
of your case. We are here to look at the facts of your case, explore your
options, and build the strongest defense possible on your behalf. Contact
the Missouri DWI & Criminal
Law Center at Benjamin Law Firm, LLC, at (816) 322-8008 and set up an appointment to speak with
specified in the U.S. constitution, the fundamental right to privacy has arisen
in various contexts and as an extension of various federal constitutional
amendments, as well as from states’ victims’ rights acts and constitutions. However,
the question remains whether this right to privacy protects a crime victim from
having to testify against the accused in a criminal proceeding.
constitutional provisions dealing with crime victims’ rights and Mo.
Rev. Stat. §
595.209, the statute outlining rights of victims and witnesses in
criminal proceedings, both are silent on the right of a victim to refuse to
testify against the accused. This issue may arise if the alleged perpetrator of
the crime is a family member, and the victim is embarrassed, afraid, or does
not wish to make the circumstances of the crime public knowledge. However, an
argument can be made that a crime victim has the right to refuse to testify in
a criminal proceeding based on a fundamental right of privacy arising from the
Ninth Amendment, which could be construed as protective of an individual’s
ability to make decisions without interference from the government.
In some cases, there may
no other legal way for a crime victim to avoid testifying, which could result
in contempt of court sanctions for disobeying a subpoena to appear and testify.
For example, depending on the situation, a crime victim might be able to refuse
to testify on the basis of the Fifth Amendment right against
self-incrimination. However, Missouri’s witness immunity law, Mo.
Rev. Stat. §
491.205, eliminates the right against self-incrimination in state
criminal proceedings. In state law prosecutions, then, this right is not available,
which may leave no other alternative but asserting a right to privacy in the
victim’s choice not to testify.
Rev. Stat. §
491.015, which is Missouri’s rape shield law, does protect victims
of sexually-based offenses from having to testify about their past sexual
conduct. However, while this may protect a portion of the victim’s potential
testimony, it still does not protect the victim from being forced to testify altogether.
there may be no explicit right protecting victims who refuse to testify against
defendants in criminal proceedings under Missouri or federal law, the Ninth
Amendment could support the assertion of a right to privacy made by a victim in
this situation. At Missouri
DWI & Criminal Law Center, we pride ourselves on helping our
clients through their legal difficulties related to traffic violations, DWI,
general criminal offenses, and expungement of criminal records. Call our office
today at (816) 322-8008 and
learn what we can do to help.
Despite the decriminalization of medical and recreational
marijuana in many states across the nation, marijuana remains illegal under
federal law. In fact, it is classified as a Schedule I controlled substance,
along with other controlled substances that have the highest potential for
misuse and little to no acceptable medicinal use. Even in states that have not
taken steps to legalize marijuana, legislators have reduced the potential
penalties for criminal offenses related to small amounts of marijuana, even
eliminating jail time as a possibility in some states.
Current federal law makes it illegal for anyone who is an
unlawful user of or addicted to any controlled substance from possessing
firearms or ammunition. Since marijuana is still a Schedule I controlled
substance under federal law, as explained above, then it is illegal for those
with medical marijuana cards for possess a firearm for any reason. This is the
case even though a medical marijuana card holder would be using marijuana
legally under state law. Additionally, the mere fact that an individual own a
medical marijuana card would be reasonable cause to suspect that the individual
is an unlawful users of a controlled substance.
By extension, then, an individual who privately sells a
firearm to another whom he or she knows is a medical marijuana card holder
would commit a felony under federal law. Not only must the medical marijuana
users themselves be cautious about this aspect of federal law, but those who
are selling or transferring firearms, whether privately or commercially, must
also be aware of the legal pitfalls inherent in this situation.
One loophole that might still allow a medical marijuana user
to have a firearm and ammunition in his or her household would be for the card
holder’s spouse to be the owner of the gun. Under those circumstances, the
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) could allow the gun
to remain in the household, although theoretically, the medical marijuana user
should be able to freely access the gun.
these circumstances, consulting with an experience criminal defense lawyer can
be key to your ability to avoid running afoul of federal law. The attorneys at
Benjamin Law Firm, LLC, has handled the legal representation of countless
individuals in DWI cases, traffic violations, and expungement cases. We want to
help you avoid as many of the repercussions of a criminal record as possible,
whether it involves defending you against criminal charges or seeking an
expungement of your records. Call our office at (816) 322-8008 to set up an appointment to speak with