We are defining at least one method to demonstrate eligibility, with very specific documentation. However, we also allow applicants to prove eligibility in other methods.
By Rebecca Rivas, Missouri Independent
Bob Ramsey, an assistant public defender in St. Louis during the 1980s said that if anyone was caught with a “butt-of-a-joint,” they would be sent to jail.
Ramsey remembers George Peach, the former Circuit Attorney who led the marijuana task force.
Ramsey stated that “she was absolutely brutal and ruthless.” You didn’t bother to speak to her, because you knew that you would get a plea bargain for jail time.
“Honestly, it always seemed that the Black defendants got the worst treatment.”
Many people were left with criminal records from the War on Drugs, which limited their opportunities for many decades. Because of the way the state is writing the rules for small marijuana business, St. Louis residents could be losing out on the opportunity to sell legal marijuana.
The historic criminalization by the government of Black residents of marijuana offenses was a major topic of discussion surrounding Amendment 3, which legalized recreational marijuana and that was passed by voters in November.
The Missouri cannabis industry is on track to surpass a billion dollars during its first year of recreational sales. Many people believe that those who live in areas that have suffered from marijuana criminalization for a long time should be able to get a share of that pie.
According to studies, it is largely Black Communities.
Advocates called for a constitutional amendment that would establish a program for “microbusiness licensing” to increase opportunities for businesses located in underprivileged communities.
Missouri licensed 213 dispensaries and 89 infused product manufacturers, as well as 67 cultivation facilities.
Few went to black-owned businesses.
Missouri will grant 48 microbusiness licences this fall – the only new licensure avenue created by Amendment 3 – and the application window is from July 27 to August 10th. The application can be found on the DHSS website.
The state’s new marijuana regulations, which govern the application process, has prompted fears that Black Missourians may once again be denied marijuana licenses.
The Department of Health and Senior Services (the state agency that oversees the cannabis program) has released a list of zip codes with high rates of incarceration for marijuana-related crimes. None of them are located in North St. Louis, where approximately half the Black population of Missouri lives.
Three regular ZIP codes were used in the St. Louis region. They covered an area and matched the location of the courthouses. Downtown St. Louis is one of the least residential parts of the city. And downtown Clayton is one the wealthiest suburbs, with an average household income of $200,000. The last one is St. Charles where 90 percent of the population, according to census, is Caucasian.
The majority of ZIP codes in the list are located in rural areas.
Ramsey and former Circuit attorney Dee Joyce Hayes both had an idea as to why the list was likely to have ended up that way.
According to the constitution, “the historical rate of incarceration” for marijuana-related crimes is 50 percent higher than that for the whole state. DHSS rules limit the agency to examining only the incarceration rate for the last 20 years.
In the 1980s, city jails were quickly overcrowded with low-level marijuana crimes. By the 1990s, incarceration was less common in cities than in rural areas.
Ramsey stated that if they only look back at the past, they will likely find higher rates of marijuana-related incarceration in counties outside of the state. “I think they should look further back.”
Joyce-Hayes said that someone would need to go back at minimum 40 or 50 years in order to truly understand the impact of Black St. Louis residents.
She said, “I think out-of-state Missouri was still making a great deal of Mickey-Mouse marijuana arrests and prosecutions but we weren’t.” If you look at statistics, it makes sense that ZIP codes for cities aren’t included.
Lisa Cox, DHSS spokesperson, told The Independent in an email that the data they currently have is the most comprehensive set of data the state has.
Cox stated that “other data sources we examined going back to a longer period of time were incomplete or based on voluntary reports.” If an individual wants to suggest an alternative source, then we will consider it.
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After criticism from NAACP leaders in local and state, DHSS released an eligibility variance on 6 June. The DHSS says that, if an applicant does not live in one of the ZIP codes listed, they can provide “results from an independent study, or an attestation by a local or state official.”
Nimrod chapel, the president of the Missouri NAACP said that the instructions for variances are “as clear as mud.”
Cox, however, said that DHSS allows applicants to provide “additional evidence” in addition to the documentation required.
Cox stated that “We designate at least one way of proving eligibility by using very specific documentation, but we also allow applicants to prove eligibility in other ways.”
Application Criteria
Adolphus Pruitt – president of St. Louis City NAACP – met with DHSS officials late in May to discuss the incarceration zip codes. He and other members of the St. Louis City NAACP chapter are working with local police and prosecutors to gather information that can meet DHSS’ variance standard.
Pruitt stated that the incarceration rates are not the only criteria for microbusiness license applications. He hopes the other requirements can help attract more Black applicants.
DHSS has recently published ZIP codes that will be accepted for high poverty and unemployment rates. He said this list would give more opportunities to applicants who are from predominantly-Black communities. Pruitt, however, said that he encourages applicants to look at Census tracts instead of the ZIP code list as he believes this will reach a larger audience.
The arrest or conviction of marijuana is also a requirement.
During the four outreach events, June 20-23, in Lee’s Summit and Jefferson City respectively, DHSS is likely to address some of the questions surrounding the incarceration rate, he added. This includes the documentation DHSS accepts if applicants do not live in a ZIP code listed.
Pruitt explained that “they have some workshops coming up and we are supposed to discuss this in the workshops.” “I am doing some research to find out what we can do as a means of demonstrating that,” Pruitt said.
Microbusiness License applicants must meet at least one of the following requirements:
- Have a net wealth of less than $250,000.
- Valid service-connected disabilities card
- You must be a person who, or someone whose parent or guardian, or spouse, has been arrested, prosecuted, or convicted for a nonviolent marijuana crime. This does not include convictions for distributing marijuana to minors or driving while under the influence. The arrest, charge or conviction must have taken place at least one (1) year before Dec. 8, 2020.
- Residing in a census tract or ZIP code where:
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- More than 30 percent of the population live below the federal poverty line
- The state average unemployment rate is 50% higher than the rate of unemployment in this area
- The historical rate of incarceration in the state for marijuana-related crimes is 50 percent more than the overall rate
- You must have graduated from a district that had not been accredited, or a successor designation similar to it, at the time you graduated, or lived in a ZIP code containing a district without accreditation, or a successor designation similar to it, for the last three years.
The Missouri Independent published this story first.
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The first time that Marijuana moment appeared was when Missouri advocates worry about the’microbusiness’ eligibility rules for marijuana.
