Yesterday in Jefferson City, representative Rory Ellinger (D – U.City) introduced two bills which both aim to greatly decriminalize the possession of marijuana throughout the state. The first bill (intended to repeal RSMO 195.202 and RSMO 195.233) is a bare-bones marijuana decriminalization law. If passed, this law would make it so that anyone caught with under 35 grams of marijuana would not be arrested, but would rather be given a ticket and a court date. [This is the the current practice in some local municipalities, but is by no means the predominant method of charging people with small-time marijuana possession]. The bill goes on to propose a fine of no more than $250 and a misdemeanor charge. This bill is based on a successful law now on the books in Columbia, and is similar in language to a bill introduced in the City of St. Louis last month.
The second bill brought by Rep. Ellinger opens the door for the expungement of certain non-violent, non-sexual crimes after 5 years, including misdemeanor drug possession. Missouri is one of the toughest states in the nation to get charges cleared off a criminal record. Like many defense attorneys, Ellinger has cited the myriad cases of young adults who get a minor drug charge on their record and have the charge haunt them for years down the road. “Literally thousands of people are affected this way on a yearly basis,” Ellinger said. Unlike in most states, even misdemeanor drug charges may stay on your record for at least a decade. If passed, minor drug charges could be expunged after 5 years.
How these bills will fare in the Republican-controlled legislature in Jefferson City remains to be seen. Stay tuned…