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Bill

HJR 103

Proposes a constitutional amendment relating to the advertising and promotion of marijuana sales

2026 Regular Session Introduced by Bruce Sassmann

Creates a constitutional framework to legalize, regulate, and tax medical marijuana with licensing, patient protections, and advertising rules embedded in the constitution.

Referred: Emerging Issues(H)
#constitutionalamendments #drugsandcontrolledsubstances #healthandseniorservices #departmentof #tobaccoproducts
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WeVote Research Nonpartisan
Bill Summary · HJR 103

Overview

  • Type: Missouri Joint Resolution proposing a constitutional amendment
  • Session: 2026
  • Purpose: Repeal Sections 1 and 2 of Article XIV and replace with new provisions governing advertising and promotion of marijuana, while also establishing a framework for medical marijuana regulation, taxation, and related protections. In short, it embeds a regulated medical marijuana regime and sets advertising rules within the state constitution.

Main purpose and intent

  • Create a constitutional framework to legalize and regulate medical marijuana for qualified patients, while detailing licensing, taxation, consumer protections, and enforcement.
  • Infuse advertising and promotional rules for marijuana sales into the constitution, with alignment to tobacco/cigarette advertising constraints and federal preemption considerations.
  • Establish a dedicated fund (Missouri Veterans' Health and Care Fund) to receive tax revenue from medical marijuana sales and direct a significant portion to veteran health and care services.
  • Extend broad protections for patients, caregivers, physicians, health care providers, and licensees, while maintaining public health and safety standards.

Key provisions and changes

  1. Section 1 and 2 (new Article XIV sections 1 and 2)

    • Purposes and definitions to create a medical-marijuana regime:
      • Legal framework for state-licensed physicians and nurse practitioners to recommend marijuana for qualifying patients.
      • Explicit protections against civil/criminal penalties for patients, caregivers, and providers acting under the section; prohibition on public use and driving under the influence.
    • Definitions cover: administration methods, facilities (cultivation, dispensaries, testing, infused products), patients, caregivers, licenses, seed-to-sale tracking, and various terms used in the regulatory scheme.
    • Comprehensive list of medical-use concepts: patient, primary caregiver, qualifying conditions, and limits on possession and cultivation.

  2. Creating Patient Access to Medical Marijuana

    • Department of Health and Senior Services (DHSS) authority to license, regulate, and enforce medical marijuana facilities and products.
    • Rules and emergency rules to regulate cultivation, processing, dispensing, sale, testing, and transportation.
    • Seed-to-sale tracking system requirements; certification of transportation entities; annual reporting to the Governor.
    • Lottery-based license allocation where demand exceeds supply; eligibility criteria to filter disqualifying felons (with specified exceptions).
    • Fee structure for licenses, renewals, and annual facility fees; CPI adjustments to fees.
    • Caps and distribution controls: limits on license ownership concentration, and limits on licenses by category (cultivation, dispensary, infused products).
    • License application timelines and performance deadlines; mandatory permit and fingerprint/background checks for licensees and staff.
    • Patient and caregiver identification cards with fees and renewal requirements; timelines for card issuance or denial.

  3. Taxation and Revenue

    • 4% tax on retail sales of marijuana for medical use at dispensaries.
    • Collected tax revenue funds the Missouri Veterans' Health and Care Fund, after limited collection costs.
    • Fund usage: to support the Missouri Veterans Commission’s health, care services, veterans homes, and related programs; additional purposes as detailed.
    • Tax recordkeeping requirements for dispensaries; separate taxation from general sales taxes.
    • Provisions addressing federal tax treatment (26 U.S.C. 280E considerations for Missouri taxpayers).

  4. Patient, Physician, Caregiver, and Provider Protections

    • Broad immunities from criminal or civil liability for qualified patients, primary caregivers, physicians, nurse practitioners, testing facilities, and approved entities when acting under this section.
    • Protections for employment, adoption, custody, and family court matters; nondiscrimination protections for patients and caregivers (with work-related restrictions and safety caveats).
    • Contracts related to medical marijuana within the state remain enforceable despite federal constraints.
    • Law enforcement procedures to verify patient/caregiver status during warrants or investigations; requirements that marijuana evidence alone is not sufficient to warrant search if compliant with the program.
    • Protections for minors: parental/guardian consent requirements for under-18 patients; caregiver supervision and card issuance rules.
    • No mandate for health insurance coverage; property used in compliance with the act is protected from forfeiture.

  5. Regulation and Compliance

    • Detailed regulatory authority granted to DHSS for licensing, enforcement, inspections, and penalties (with cure periods for sanctions, except in imminent public health threats).
    • Advertising and promotional restrictions: department may regulate advertising to align with public health goals and, notably, must have rules at least as stringent as federal cigarette advertising restrictions; no overly burdensome restraints on patient education and product displays.
    • Labeling, packaging, child-resistant containers for edibles, clear labeling of marijuana content, and prohibitions on misleading marketing.

  6. Local Control and Siting

    • Local governments may regulate time, place, and manner of operation, but cannot impose prohibitions that conflict with the constitutional framework.
    • Distance restrictions: siting requirements relative to schools, churches, and daycare centers, with specific measurement rules.
    • Restrictions on transfers of licenses; certain prohibitions on siting near sensitive locations unless allowed by localities.

  7. Federal and Severability

    • Provisions acknowledge potential conflicts with federal law and aim for compatibility where possible; sections are severable.

  8. Section 2 (Related Purposes)

    • Section 2 appears to outline a broader constitutional framework for adult-use legalization (adults 21+), creating a comprehensive system for cultivation, dispensing, testing, and microbusiness facilities.
    • Defines “consumer” 21+ and sets structure for comprehensive facilities and microbusinesses; tax and regulatory elements mirror Section 1 but may reflect broader adult-use legalization.

Who would be affected

  • Qualified patients with specified medical conditions, and their primary caregivers.
  • Physicians and nurse practitioners, including their liability and practice rights related to medical marijuana certifications.
  • Medical, testing, and manufacturing facilities (cultivation, dispensary, infused products, testing facilities, and transportation entities).
  • Local governments and law enforcement in terms of siting, time/place/manner regulations, and enforcement.
  • Missouri Department of Health and Senior Services and the Department of Revenue (for licensing, regulation, tax collection, and reporting).
  • Veterans through the Missouri Veterans Health and Care Fund.
  • Employers and patients in relation to workplace drug use policies (with protections balanced by safety considerations).

Procedural and timeline aspects

  • The measure is a constitutional amendment to be submitted to Missouri voters at the next general election after the 2026 session (November 2026) or at a governor-called special election.
  • If approved, Sections 1 and 2 of Article XIV would be repealed and replaced with the new provisions.
  • Implementation timelines are embedded in the text for license issuance, fee schedules, background checks, seed-to-sale tracking, and regulatory rulemaking, with specific deadlines (e.g., licensing can begin within set days after passage; certain timelines reference events around December 2018, CPI indexing for fee adjustments, and and triggers for court actions if applications are not decided within 150 days).
  • The measure creates specific appellate and judicial review pathways for licensing decisions.
  • It sets a framework for potential federal preemption adjustments, with the intent to maintain state regulatory primacy where possible.

Note: This summary reflects the bill language as introduced. If enacted, further legislative amendments or administrative regulations could modify specific procedures, fees, or implementation timelines.

Compiled from official sources — confirm details with the bill’s official record.

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