By Dale Wright, member Missouri House of Representatives
JEFFERSON CITY – On November 8 Missourians will head to the polls not only to vote for the individuals they think will best serve the will of the people, but also to consider potential changes to the Missouri Constitution. In total, voters will have four constitutional amendments to consider, as well as a question on whether the state should convene a constitutional convention that could draft a new constitution for the state.
Below is a brief overview of the various measures Missourians will consider when they cast their vote in November:
Amendment 1
Amendment 1 would change the constitution to remove some of the restrictions on the State Treasurer
when making state investments. The constitutional amendment was added to the ballot by the Missouri
General Assembly with the passage of HJR 35 in 2021. The legislature approved the measure with the
intent of allowing the treasurer to invest in higher interest earning investments while still preventing risky investments. If approved by voters, it would allow state investments in municipal securities possessing one of the top five highest long- term ratings or the highest short-term rating.
If approved, state governmental entities estimate no costs and increased interest revenue of $2 million per year. Local governmental entities estimate no costs and increased interest revenue of at least $34,000 per year. If passed, the measure will have no impact on taxes.
Amendment 3
If approved by voters, Amendment 3 would legalize recreational marijuana in Missouri. The proposed
change to the state constitution was added to the ballot through the initiative petition process.
Supporters obtained more than 200,000 verified signatures across the state, surpassing the 184,720 minimum needed, to add the measure to the ballot.
Amendment 3 would allow adults 21 and older to purchase and possess up to three ounces of cannabis.
They could also grow up to six flowering marijuana plants, six immature plants and six clones if they
obtain a registration card.
The initiative would impose a six percent tax on recreational cannabis sales and use revenue to facilitate automatic expungements for people with certain non-violent marijuana offenses on their records. Remaining revenue would go toward veterans’ healthcare, substance misuse treatment and the state’s public defender system.
The Department of Health and Senior Services would be responsible for regulating the program and
issuing licenses for cannabis businesses. Regulators would be required to issue at least 144 microbusiness licenses through a lottery system, with priority given to low-income applicants and people who have been disproportionately impacted by drug criminalization. Existing medical marijuana dispensaries would also be first in line to start serving adult consumers with dual licenses.
Regulators could create rules around advertising, but they could not be any more stringent than existing
restrictions on alcohol marketing. Public consumption, driving under the influence of cannabis and
underage marijuana use would be explicitly prohibited. Local jurisdictions would be able to opt out of
permitting cannabis microbusinesses or retailers from operating in their area if voters approve the ban at the ballot. State governmental entities estimate initial costs of $3.1 million, initial revenues of at least $7.9 million, annual costs of $5.5 million, and annual revenues of at least $40.8 million. Local governments are estimated to have annual costs of at least $35,000 and annual revenues of at least $13.8 million.
Supporters say the amendment will legalize, tax, and regulate recreational marijuana for adult use in
Missouri. They say the measure will generate sorely-needed tax revenue for essential public services such as veterans’ healthcare, drug treatment, and the public defender system. They say by expunging the criminal records of nonviolent marijuana offenses the measure will wipe the slate clean and provide a fresh start to thousands of Missourians. Supporters also note the measure will create at least 144 new
small business licenses to be awarded to historically disadvantaged populations.
Opponents of the measure have criticized the concept of putting marijuana legalization into the state
constitution rather than state statute. They say putting it in the constitution makes it too difficult to adapt as the industry changes and grows. Opponents also take issue with the provision in Amendment 3 that puts existing medical marijuana dispensaries at the front of the line to serve recreational users. They say the caps on the number of licenses issued for medical marijuana facilities encourage monopolies and create the appearance of corruption. Opponents also say minorities were underrepresented with the licenses that were awarded and this will continue with the recreational marijuana system created by Amendment 3. Additionally, opponents have voiced concerns that the expungement policy contained in Amendment 3 is “misleading” and “problematic.”
Amendment 4
Amendment 4 is a proposed change to the state constitution that is designed to protect funding for the
Kansas City Police Department. The measure was placed on the ballot by the General Assembly with the passage of SJR 38 during the 2022 legislative session.
The legislature approved both SJR 38 and SB 678 as a response to efforts by Kansas City to remove $42 million from a previously-agreed-upon budget for the Kansas City Police Department. The goal of the two proposals is to ensure the city is not able to artificially manipulate its general fund in order to cut the budget for the department. If Amendment 4 is approved by voters, the two measures would work together to require the city of Kansas City to provide one-fourth of its general revenue per fiscal year to fund the Kansas City Board of Police.
State and local governmental entities estimate no additional costs or savings related to this proposal. If
passed, the measure will have no impact on taxes.
Amendment 5
Voters will have the opportunity to vote on Amendment 5, which would create a Missouri Department of the National Guard. The proposed change to the constitution was placed on the ballot by the Missouri General Assembly with the passage of HJR 116 earlier this year.
Lawmakers supported the measure to provide a proper chain of command between the National Guard
and the governor, and to provide a more streamlined budget process.
The Missouri National Guard is currently under the Missouri Department of Public Safety.
Amendment 5 would create the Missouri Department of the National Guard, which would be required to protect the constitutional rights and civil liberties of Missourians.
Currently, 48 states have departments of defense or military affairs operated by their adjutants general.
These departments oversee the military forces of each state. Missouri and Massachusetts are the only two states who do not have their own departments in the same manner.
State governmental entities estimate no savings and ongoing costs of $132,000 annually. Local
governmental entities estimate no costs or savings. If passed, the measure will have no impact on taxes.
Constitutional Convention Question
This November voters will also have the opportunity to call for a Constitutional Convention to revise or
amend the state constitution. The question is placed on the ballot automatically every 20 years.
If voters approve the question, the governor would then call an election of delegates to serve at the
convention. Elections would be held to choose 68 delegates from partisan state senate district balloting
and 15 nonpartisan at-large delegates in a statewide vote.
A convention could consider everything about how the state is governed. The convention could adopt
ideas that are supported by a majority of the 83 delegates. Any revisions or amendments approved by the convention would then be put to a vote of the people for their consideration.
The state constitution was last approved by voters in February 1945. The 77 years since the current
constitution was enacted is the longest period in state history without a new document.
Since the adoption of the 1945 Constitution, Missourians have voted three times – 1962, 1982 and 2002 -on the question of whether to hold a convention. The “yes” side on the last vote was less than 35%.
If passed, the measure will have no impact on taxes.