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November 2022 Election Results – Recreational Marijuana

recreational marijuana

Several states had issues on their ballots on November 8th regarding legalizing recreational marijuana. While Arkansas, North Dakota and South Dakota voters rejected their ballot initiatives, both Missouri’s Amendment 3, otherwise known as Legal Missouri 2022, and Maryland’s Question 4 did get approved by the voters. Missouri’s law goes into effect 30 days after the election and Maryland’s goes into effect July 1, 2023.

Under both laws, users age 21+ will be able to possess marijuana. Also, under both, there are processes for expunging certain marijuana convictions.

Missouri’s amendment includes provisions for expungement procedures for certain marijuana offenses, and some currently on probation or parole for certain marijuana convictions would see their sentences automatically vacated and later expunged from their record. Anyone currently incarcerated for certain marijuana offenses would be able to petition the court to vacate their sentence, as well as be immediately release from incarceration and see their records expunged.

Maryland’s law establishes a process for expunging all cases in which possession of less than 10 grams of cannabis is the only charge, along with additional expungement provisions.

Recreational Marijuana Laws Impact on Employers

How this will impact employers and testing for marijuana has not yet been clarified. Currently Missouri prohibits the use of medical marijuana in the workplace and does allow employers to test their applicants and employees for marijuana. Maryland has stated that their referendum does not address cannabis use or impairment in the workplace, and individuals remain subject to any existing laws or workplace policies on cannabis use. Stay tuned for any developments in this area.

For more information on Medical or Recreational Marijuana, and whether they affect your state, visit our Resource Guide at the Hire Image Resource Library. If you have any questions about how to best protect your business, employees, and customers, please contact us.

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