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Friday, October 2, 2026

Legalized Cannabis in Missouri: What Employers Need to Know - Ogletree Deakins

On November 8, 2022, Missouri voters will have the chance to legalize recreational marijuana. The proposed state constitutional amendment, dubbed Amendment 3, would revise and amend the existing provisions regarding the legalization of marijuana for medical purposes, as well as allow individuals aged twenty-one years old and older to legally possess, purchase, consume, and cultivate marijuana recreationally. If approved by voters, the measure would become effective before year’s end, on December 8, 2022. Just four years ago, nearly two-thirds of Missouri voters voted to legalize medical marijuana, and current polling indicates that similar support exists for legalizing recreational marijuana.

If Amendment 3 is approved, the new provision would not prevent employers from enforcing their drug and alcohol-free workplace policies, nor would it require employers to permit employees to be under the influence of marijuana while at work. Amendment 3 also would not prevent employers from continuing to test for marijuana impairment, under certain circumstances. Similarly, employers would not be subject to any liability for disciplining or discharging an employee for working or attempting to work while under the influence of marijuana.

However, Amendment 3 would add a provision preventing an employer from discriminating against an employee with a medical marijuana identification card because he or she: (1) possesses a medical marijuana identification card (whether for the employee...



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