Medical marijuana: Important facts about the measures

The November elections are less than two weeks away and Missourians will see multiple items on their ballot.

Three separate medical marijuana initiatives are on the ballot: Amendment 2, Amendment 3 and Proposition C. The various measures would legalize the growth, sale and use of medical marijuana for those who have certain medical conditions and have a license or recommendation for it.

Two of the three initiatives are amendments, one is a proposition. If either amendment gets more votes than Proposition C, then whichever amendment gets more “yes” votes will pass.

Here is what you’ll see in the Secretary of State’s fair ballot language for all of the initiatives:

Amendment 2: ” A ‘ yes’ vote will amend the Missouri Constitution to allow the use of marijuana for medical purposes under state laws. This amendment does not change federal law, which makes marijuana possession, sale and cultivation a federal offense. This amendment creates regulations and licensing procedures for medical marijuana and medical marijuana facilities — dispensary, cultivation, testing and marijuana-infused product manufacturing facilities. This amendment creates licensing fees for such facilities.This amendment will impose a 4 percent tax on the retail sale of marijuana for medical purposes by dispensary facilities. The funds from the license fees and tax will be used by the Missouri Veterans Commission for health and care services for military veterans, and by the Department of Health and Senior Services to administer the program to license/certify and regulate marijuana and marijuana facilities.

A ‘no’ vote will not amend the Missouri Constitution as to the use of marijuana.

If passed, this measure will impose a 4 percent retail sales tax on marijuana for medical purposes.”

Amendment 3: “A ‘yes’ vote will amend the Missouri Constitution to allow the use of marijuana for medical purposes under state laws. This amendment does not change federal law, which makes marijuana possession, sale and cultivation a federal offense. This amendment makes Brad Bradshaw (the contact person on this initiative petition) the research chairperson of a newly created research institute that is funded by fees and taxes on medical marijuana. Brad Bradshaw will select the members of the board that will govern the research institute, which will issue regulations and licensing procedures for medical marijuana and medical marijuana facilities — dispensary, cultivation, and marijuana-infused product manufacturing facilities. This amendment creates licensing fees for such facilities. The amendment imposes a 15 percent tax on the retail sale of marijuana for medical purposes by dispensary facilities and a tax on the wholesale sale of marijuana flowers and leaves by cultivation facilities. The funds generated by the license fees and taxes will be used by the research institute for licensing and regulating marijuana and marijuana facilities, land acquisition and development, and conducting research with the purpose of developing cures and treatments for cancer and other incurable diseases.

A ‘no’ vote will not amend the Missouri Constitution as to the use of marijuana.

If passed, this measure will impose an 15 percent retail sales tax on marijuana for medical uses and a wholesale sales tax on marijuana sold by medical marijuana cultivation facilities.”

Proposition C: “A ‘yes’ vote will amend Missouri statutes to allow the use of marijuana for medical purposes under state laws. This amendment does not change federal law, which makes marijuana possession, sale and cultivation a federal offense. This amendment creates regulations and licensing procedures for medical marijuana and medical marijuana facilities — dispensary, cultivation and production, and testing facilities. This amendment creates licensing fees for such facilities. This amendment will impose a 2 percent tax on the retail sale of marijuana for medical purposes by dispensary facilities. The funds from the license fees will go to the Division of Liquor Control to administer the program to license/certify and regulate marijuana and marijuana facilities. The funds from the tax will be used for veterans’ services, drug treatment, early childhood education, and for public safety in cities with a medical marijuana facility.

A ‘no’ vote will not amend Missouri statutes as to the use of marijuana.

If passed, this measure will impose a 2% retail sales tax on marijuana for medical purposes.”

Many details that are not mentioned in the fair ballot language could affect voter’s decisions.

For example, Amendment 2 has been endorsed by several politicians as well as non-for-profit organizations such as the Missouri Epilepsy Foundation.

Brad Bradshaw, a doctor and lawyer who is the sponsor and creator of Amendment 3, said numerous physicians, scientists and universities back Amendment 3, but can’t publicly because medical marijuana violates federal law and publicly endorsing it could jeopardize federal funding.

Amendment 2 would allow physicians to recommend medical marijuana as treatment for a patient if the patient suffers from cancer; epilepsy; glaucoma; intractable migraines unresponsive to other treatment; a chronic medical condition that causes severe pain, muscle spasms, multiple sclerosis, seizures, Parkinson’s disease, and Tourette’s syndrome; debilitating psychiatric disorders such as post-traumatic stress disorder; immune deficiency syndrome; a chronic medical condition that is normally treated with an addictive prescription; and any terminal illness.

Amendment 2 would also allow a physician to recommend medical marijuana for any medical condition they deem appropriate.

Amendment 3 lists similar conditions patients could have to be recommended medical marijuana, but instead of allowing a physician to judge if a medical condition not listed could be treated with medical marijuana, the research board would make that decision.

Jack Cardetti, spokesperson for A New Approach Missouri, the committee which sponsors Amendment 2, said Amendment 2 would bring medicine back into the hands of doctors and patients.

Bradshaw says leaving the decision solely up to doctors to decide if an unlisted medical condition should be treated with medical marijuana would open the door to doctors recommending it to anyone and everyone who wanted medical marijuana.