Statewide pot vote not last word on legal use

Residents and Cape Girardeau City Council members still have options regarding how Cape Girardeau will handle the legalization of recreational marijuana.

Missouri voters Nov. 8 elected to codify legalization into the state constitution, with 53% of voters selecting "yes" on Amendment 3. The state became the 21st in the union to do so. The law will officially go into effect Tuesday, Dec. 8.

The amendment allows room for local legislators and citizens to make changes, including possibly increasing taxes on the sale of marijuana. It also allows a scenario in which voters in a city could, in essence, overturn the decision locally.

Each sale of recreational marijuana will be taxed at 6% by the state and the standard 2.75% local sales tax in Cape Girardeau, in addition to special district taxes. There is an opportunity for Cape Girardeau to levy an additional 3% sales tax to recreational marijuana transactions. This must be approved by the voters in a similar capacity with other local taxes, such as the Capital Improvement Sales Tax. The added tax could be placed on the ballot by council members or through a citizen petition, which requires signatures from 10% of the total number of registered voters in the city.

According to the number of registered voters in Cape Girardeau during the last election, the petition would require at least 2,435 signatures.

Through the same process voters or the city council could add a ballot question that, if approved, would allow the city to override the state constitution and ban the operation of recreational dispensary facilities within city limits. This wouldn't, however, make the usage of recreational marijuana illegal in Cape Girardeau, but the city could also restrict the usage of marijuana on public land.

The question could appear before voters during the 2024 general election, or subsequent presidential elections. According to the amendment, the ban would have to be approved by at least 60% of voters.

If banned, Cape Girardeau would forego any additional tax revenue generated by recreational marijuana sales. The same process could also be used to reverse a ban in city limits, if one were imposed.

In the Nov. 8 election, 52.6% of Cape Girardeau voters voted in favor of legalization.