Missouri Supreme Court affirms lower court’s decision in marijuana and firearm case

The state’s highest court has agreed with a Lafayette County judge that the appellant in the case could not expunge his conviction for one count of unlawful use of a weapon for “possessing a firearm while knowingly in possession of a controlled substance.”

The court reasoned that the possession of a weapon is not an expungable marijuana offense under Amendment 3.

In 2020, C.S., the appellant, pleaded guilty to two criminal charges in the Lafayette County circuit court: one count of the class D felony of possession of a controlled substance for possessing 2 more than 35 grams of marijuana in violation of § 579.0151; and one count of the class E felony of unlawful use of a weapon for “possessing a firearm while knowingly in possession a controlled substance” in violation of § 571.030.1, according to court records.

C.S. was sentenced to a total of 11 years in prison but was released on probation. After violating probation, he has been incarcerated since 2021.

In 2022, voters in Missouri passed Amendment 3 which legalized the use of recreational marijuana and included a clause allowing for the expungement of marijuana-related misdemeanors.

A year later, C.S. filed a petition to expunge his charges under the new law.

“C.S. alleged both of his convictions were eligible for expungement because both convictions involved the possession of less than three pounds of marijuana and did not involve ‘distribution to a minor, violence, or operating a motor vehicle,'” the court said.

The Missouri State Highway Patrol Central Repository filed a motion to intervene and the circuit court sustained this motion.

The court expunged C.S.’ marijuana offense, but not the weapons offense, reasoning it was not eligible under Amendment 3 provisions.

The state supreme court agreed and the majority opinion, authored by Judge Zel M. Fischer, stated:

“The circuit court correctly concluded the offense of unlawful possession of a firearm while in possession of a controlled substance is a firearms offense — not a “marijuana offense.” Therefore, C.S.’s conviction for “possessing a firearm while knowingly in possession a controlled substance” is not expungable pursuant to article XIV, § 2.10(7)(a)c.”

Judges W. Brent Powell, Paul C. Wilson, Kelly C. Broniec, Ginger K. Gooch and Mary R. Russell, concurred.

Judge Robin Ransom filed a dissenting opinion arguing “possession of a firearm while also possessing more than 35 grams of marijuana — is unquestionably a ‘marijuana offense.’”

Ransom said she would reverse and remand the decision.

The case is: C.S. v. Missouri State Highway Patrol Criminal Justice Information Service et al., Case no. SC100944.