The Missouri Court of Appeals has overturned a judge’s decision to deny expungements for individuals convicted of THC possession.
The Western District of the Missouri Court of Appeals ruled that convictions for THC possession must be expunged, following an amendment to the Missouri Constitution passed by voters in November 2022.
The court clarified that while THC possession can be charged separately from marijuana possession, under Article XIV, THC is now legal for adult possession. Therefore, offenses involving THC possession must be expunged in the same manner as marijuana offenses. A Lafayette County judge had initially denied expungement for defendants convicted of THC possession.
The decision flies contrary to Missouri Attorney General Andrew Bailey’s argument that THC possession was not covered by Article XIV.
“The Western District Court cited the plain language of Article XIV in holding that the Missouri Constitution mandates that THC possession cases must be expunged in the same manner as marijuana possession cases,” said Dan Viets, chair of the national NORML Board of Directors
The full Appellate Court decision can be found by clicking here.
Missouri voters approved recreational marijuana in 2022, with licensed marijuana retail outlets opening in February 2023. The law allows those 21 and older to possess up to three ounces of marijuana and to grow up to six plants for personal use.
In July, Missouri recorded $123 million in recreational marijuana sales, with cumulative sales now above $2.6 billion.
