ST. LOUIS — The Missouri Court of Appeals for the Western District has overturned a circuit court ruling that denied the expungement of a conviction for unlawful use of a weapon involving marijuana possession.
The appellate court’s decision marks a significant interpretation of Article XIV of the Missouri Constitution, which legalized recreational marijuana and provided for the expungement of certain marijuana-related offenses, according to a Dec. 4 opinion filed in the court.
The case centers on C.S., who was convicted in 2020 of unlawful possession of a controlled substance and unlawful use of a weapon after being stopped by a Missouri State Highway Patrol officer in February 2017.
During the traffic stop, the officer discovered marijuana and a handgun in C.S.'s vehicle, leading to charges under Missouri statutes for possessing more than 35 grams of marijuana and possessing a firearm while in possession of marijuana. C.S. pleaded guilty to both counts and was initially placed on probation, which was later revoked, resulting in incarceration.
In 2022, Missouri voters approved a constitutional amendment under Article XIV, which decriminalized recreational marijuana use and allowed individuals with certain marijuana-related convictions to petition for expungement. C.S., while incarcerated, filed a petition seeking the expungement of both convictions.
The circuit court granted the expungement of the marijuana possession charge but denied the expungement of the weapons-related charge, asserting that it was not a “marijuana offense.”
C.S. appealed the circuit court’s decision, arguing that his conviction for unlawful use of a weapon was inherently tied to marijuana possession and thus qualified as an expungable “marijuana offense” under Article XIV.
The appellate court reviewed the constitutional and statutory language de novo, emphasizing the broader intent of Article XIV to decriminalize marijuana and prevent penalties for marijuana-related activities.
The appellate court determined that the unlawful use of a weapon charge under Section 571.030.1(11) was predicated solely on C.S.’s simultaneous possession of marijuana.
The court reasoned that, but for the marijuana possession, the act of possessing a firearm would not have constituted a criminal offense.
Accordingly, the court held that the weapons conviction qualified as a “marijuana offense” subject to expungement under Article XIV, the opinion states.
The court rejected arguments from respondents, including the Missouri State Highway Patrol and the Lafayette County Prosecutor, that the weapons charge was distinct from a marijuana offense.
The court noted that the constitutional language of Article XIV did not limit expungement to offenses codified exclusively under Missouri’s Controlled Substance Offenses chapter.
The court also dismissed concerns that the ruling would lead to broad, unintended applications of the expungement provision, clarifying that its interpretation was consistent with the constitutional intent.
In its unanimous opinion, the appellate court reversed the circuit court’s decision and directed the lower court to expunge C.S.’s conviction for unlawful use of a weapon.
The ruling underscores the expansive scope of Article XIV in addressing marijuana-related convictions and its potential impact on individuals with similar cases.
"The purpose of Article XIV, Section 2 is to legalize marijuana and to prevent arrest and penalty for possession of it," Judge Lisa White Hardwick wrote in the opinion. "This purpose is served, to the fullest extent possible, by our definition of 'marijuana offense.'"
The appellant is represented by Scott C. Hamilton.
The respondents were represented by Kyungwoong Han, Kansas City, for MO State Highway Patrol Criminal Justice Info; Kristen L. Hilbrenner and Dawn J. Boyer.
Attorneys did not respond to requests for comment before publication.
Missouri Court of Appeals, Western District case number: WD86693