In 1984, I was arrested for felony possession of marijuana for a half-pound of marijuana, for which I served five years of probation.
In 1991, I was arrested for possession of two ounces of marijuana, for which I served 60 days in county prison.
Finally, in 1993, I was arrested as an accessory in a deal for seven pounds of marijuana, and although I had no intention of possession or distribution, a jury convicted me and a circuit court judge sentenced me to life in prison under Missouri’s now-repealed prior and persistent offender statute.
During the next 22 years, American voters came to the realization that marijuana was a very beneficial medicine with a low risk profile, and state by state began passing medical marijuana laws or outright legalization.
Ultimately, then-Missouri Gov. Jay Nixon commuted my sentence after state Rep. Shamed Dogan, R-Ballwin, filed legislation to require parole for marijuana offenders serving life sentences. My case was also supported by a national coalition of people and organizations who were shocked by the harshness of my sentence.
In 2018, Missouri voters passed a medical marijuana proposal at the ballot, which now allows people to obtain a physician’s recommendation for marijuana and has created a legal market for production and sales. The only controversy over legal medical marijuana has been over the restrictions on commercial licensing — 85% of the over 2,200 applicants for marijuana business licenses were rejected in a process widely seen as arbitrary and unfair.
Now, two different ballot initiative campaigns, backed by different groups claiming to represent the marijuana industry, are competing to again change the Missouri Constitution to legalize recreational marijuana. But both of these proposals have significant flaws. Most significantly, both proposals create limits on personal marijuana possession and allow civil and criminal charges, including felonies, for possession of more than twice the possession limits.
Coupled with tight restrictions on commercial marijuana licensing, Missouri might continue to see a two-tiered system of justice and economic opportunity, where a privileged wealthy few are allowed to profit from legal marijuana sales while poor and politically weak Missourians continue to be sanctioned for the proposed crime of possessing too much marijuana.
By contrast, there is no other item of legal personal property that Missouri law creates a possession limit for, and I’ll point out specifically alcohol, our most dangerous drug, for which there are over 16,000 licenses for on and off premise sales registered in our state and no possession limits for individuals.
In January, the Missouri General Assembly will reconvene, and only the elected representatives of the people have the ability and the political will to consider these issues and take in input from all stakeholders. It is important that our elected officials consider what path may be best and ultimately fulfill the increasing demand from voters for greater liberty and freedom in our state.
This commentary by Jeff Mizanskey is published from The Missouri Independent through a Creative Commons license. Mizanskey, of Sedalia, is an Air Force veteran who was released in 2015 from a life sentence for nonviolent marijuana charges after then-Gov. Jay Nixon commuted his sentence.