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Legislators fight to restrict marijuana within Missouri

January 19, 2024 By Timothy Faber

EDITOR’S NOTE: Timothy Faber serves as legislative liaison for the Missouri Baptist Convention.

JEFFERSON CITY – Every battle involves both offense and defense. Even in sports there is both offense and defense. But it seems all to often that in the culture war the people of God have been fighting on defense while allowing evil to fight on offense. But with rare exceptions – like a game winning interception in football – battles are not won by defense. Defense may slow the loss, but it will not bring victory.

Fortunately, for the people of Missouri, there are some in our state legislature who recognize this axiom and have determined to fight on the offense rather than merely playing defense all the time. Rather than wringing their hands and hoping to hold the line against those who would continue to tear down our state, our very way of life . . . indeed life itself . . . they have determined to be proactive and put forth legislation that would turn the tide.

One front where some legislators have begun to go on the offensive is marijuana. Many have surrendered to despair and grumbling, accepting the passing of legalized recreational marijuana as a new reality. But Representatives Sherry Gallick (R-Belton) and John Voss (R-Cape Girardeau) have proposed legislation that would curtail worker’s compensation for those whose injuries are due to marijuana use. House Bill 2135 (Voss), “adds marijuana to the list of drug-free workplace rule or policy adopted by an employer and reduces the compensation and death benefit by 50% if an employee’s injury was sustained in conjunction with the use of marijuana against the employer’s rule or policy.

“If the use of marijuana is the proximate cause of the injury, the benefits or compensation otherwise payable under the Workers’ Compensation Act to an employee for death or disability benefits is forfeited. If an employee refuses to take a test for marijuana requested by the employer, the benefits will be forfeited if the employer had sufficient cause to suspect the use of marijuana or if the employer’s policy clearly authorizes post-injury testing.” Gallick’s bill (HB1990) is very similar.

Both of these bills have been assigned to the House Insurance Policy Committee and at the time of this writing were scheduled for hearings this week. Senator Mike Bernskoetter (R-Jefferson City) has also filed a companion bill in the Senate  (SB 935) but that bill had not been assigned to committee at the time of this writing.

Chad Perkins (R-Bowling Green) has also filed HB 1781 which “specifies that any intoxicating cannabinoid, in any form and from any source, is subject to the regulations promulgated by the Department of Health and Senior Services under Article XIV of the Constitution of Missouri and treated as marijuana under such regulations and sold only at dispensaries licensed by the Department.” Senator Nick Schroer has filed SB984 in the Senate, which would accomplish the same thing. Perkins Bill had been referred to the House Committee on Crime and Public Safety, but at the time of this writing a hearing has not been scheduled. Schroer’s bill has not yet been assigned to a committee.

These bills are only small steps in the effort to take the offensive in this battle to curb harmful drugs in our state, but at least they are on the offense rather than being only on the defensive side. They reflect a mindset that says, we are not done, we are not about to give up. They show that there are some who are not going to concede defeat but rather will fight, even if the victories are small . . . or indeed even if the victory is not won. Isn’t it better to lose when fighting offense than to slink away in despair having not engaged the fight at all?

These same tactics have been used in the pro-life movement for years. When Roe v. Wade was first decided there those who accepted it as settled law, and gave up the fight. And for decades there were those who wanted to be on the offense but wanted an all or nothing approach. They lost the battle before it was ever engaged.

And yet there were those who, though misunderstood and maligned as supporting abortion, were willing to fight on the offense and win so many little battles along the way. Regulating abortion had the effect of restricting it – as all government regulations restrict everything they touch. Disallowing government funding of abortions made it less accessible and thus saved some lives. Requiring medical standards for abortuaries stemmed the tide of blood even more. The past five decades are a great example of how small tactical offensive efforts can build to a greater overall victory. The abortion battle is not yet over, but a total victory is now within striking distance – more on that another time.

So in this battle against the human devastation caused by marijuana we celebrate small victories, and even attempts to engage from an offensive mindset even when there is no victory. Patience and persistence will pay off.

Each of us need to adopt an offensive mindset rather than one of defense or defeat. Each of us needs to engage this battle and do what we can to protect our kids, our neighbors, our families. To that end, it is important to note that even with the passage of Amendment 3 that allowed recreational Marijuana in Missouri, it is still legal for localities and counties to prohibit dispensaries within their jurisdictions. So we must rise up and say “Not in my backyard” to those who would march into our communities and set up their outposts from which the enemy can destroy lives. We must pursue the purveyors of pot who want to plunder the populace by purloining their poison for profit.

Feel free to contact your state representative and senator and encourage them to support the above mentioned legislation. To keep dispensaries out of you community refer to Article 14 section 5 of the Missouri Constitution (if you refer to the constitution on the Secretary of State’s website, it starts near the bottom of page 184 of the pdf file)

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