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Missouri Medical Marijuana Update

On Behalf of | Nov 19, 2018 | Pat Talks Law |

Missouri Medical Marijuana Update

1. The Amendment is effective as of December 6, 2018.
2. Missouri Department of Health and Senior Services will begin accepting pre-filed application fees on January 5, 2018.
3. No, they have not yet finished preparing the forms and systems from tracking the fees.
4. I’ve been emailed by a few people – concerned that hundreds of applications have already been received. That simply isn’t the case. DHSS isn’t ready yet.
5. A new challenge to 18 U.S.C. § 922 (d)(3) and (g)(3) has been filed by a doctor from Pennsylvania:

Matthew Roman, MD, is essentially arguing that now that Heller has declared personal firearms ownership a fundamental right, the restrictions imposed by §922 as a result of being a medical marijuana user are unconstitutional, that the prohibition places the medical marijuana user in an unequal position with other people using medication for illnesses whose gun rights are not infringed, that flat barring of medical marijuana users without so much as a hearing violated his right to procedural due process, that the current bar violates his substantive due process rights, and that question 11e requires the medical marijuana card holder to either commit a crime or confess to one – thus violating his right against self-incrimination.

The US Attorney has accepted service. But the case is brand new. There are a few really good arguments in the filing. And there are some that seem to be a stretch. But every lawyer will tell of a case where the stretch argument was the one that won.

So, if successful, what does Dr. Roman’s case mean for Missouri’s Medical Marijuana Card holders?

In the short run: Nothing. Nadda. Squat.

HERE’s why:

The Eastern District of Pennsylvania is not in the 8th Circuit. Missouri is. A victory there isn’t controlling in Missouri. Additionally, Missouri has state laws that may become a factor.

But in the long view a circuit split could bring this issue before SCOTUS. But given the current trend of the Court’s make up, I’m not very hopeful that SCOTUS would rule in favor of medical marijuana.

Pro tip: Dogs may be man’s best friend, but a cat will never tell the police where you hide your weed.