Missouri prosecutors have come out against Amendment 3, an adult-use cannabis legalization measure that will go before voters in the November election.

The Missouri Association of Prosecuting Attorneys have issued a position paper on the proposed constitutional amendment, calling it “nothing more than thirty pages of mischief,” according to the St. Louis Post-Dispatch.

The prosecutors claim in the position paper that if someone were charged or convicted of killing someone while driving under the influence of cannabis, “Amendment 3 attempts to prohibit our courts from stopping that driver’s continuing use of marijuana,” the news outlet reported.

The association went on to say that legalization should not be enshrined in the Missouri Constitution, according to the St. Louis Post-Dispatch, and that it is “bad government.”

“Think how often you have heard about a law that had a problem and had to be fixed or changed—it happens all the time,” the prosecutors said, according to the news outlet. “If any part of the law is invalid or does not do what it was supposed to do, our Legislature is powerless to fix it except to send the amendment back for an expensive statewide election.”

The association also cited issues with the civil penalties for cannabis offenses included in Amendment 3, saying the proposal “fails to protect our children from dealers in black market marijuana.” While the ballot measure would only legalize cannabis for adults 21 and older, “a dealer can give or sell to middle schoolers and face only a ’civil penalty’ of $100,” the prosecutors said, according to the St. Louis Post-Dispatch.

Prosecutors also raised concerns about the measure’s restrictions on how Missouri’s municipalities can prohibit dispensaries within their jurisdictions, the news outlet reported.

John Payne, campaign manager for Legal Missouri 2022, the group behind Amendment 3, told the St. Louis Post-Dispatch that “both driving under the influence of marijuana and selling marijuana outside the regulatory system remain illegal,” and that those who sell cannabis to minors would still face felony drug charges under state law.

Payne added that cannabis legalization would “free up law enforcement to focus on serious crime” rather than making “tens of thousands of arrests and citations” each year for cannabis possession offenses.

The Missouri Association of Prosecuting Attorneys is not the first group to come out publicly against Amendment 3; the state’s Democratic party announced earlier this month that it does not endorse the ballot measure due to concerns with its wording, which they argued “may negatively impact minorities, people of color, and low-income earning Missourians.”

Legal Missouri 2022 submitted more than 385,000 signatures to the Secretary of State’s office in May—twice the roughly 171,500 signatures required to qualify the group’s initiative for the November ballot.

The proposal would amend the Missouri Constitution to legalize cannabis for adults 21 and older; allow individuals convicted of nonviolent cannabis-related offenses to petition to be released from incarcerations and/or have their records automatically expunged; establish a lottery to award licenses, which would be distributed equally to congressional districts; require a registration card for personal cultivation; and impose a 6% tax on cannabis sales, among other provisions.

The measure would also add, over time, a minimum of 144 new licensees to the existing 378 licensed medical cannabis business in the state: 18 in each of the state’s eight congressional districts, with at least six per district operating as dispensaries and the rest designated as wholesalers.

The proposal would also allow Missouri’s municipalities to opt out of adult-use retail sales through a public vote.

Missouri Secretary of State Jay Ashcroft certified Legal Missouri’s initiative petition last month, and while a lawsuit threatened to remove the measure from the ballot, the state Supreme Court declined to take the case Sept. 13, allowing Amendment 3 to appear before voters in November.

Cannabis businesses operating in unincorporated areas of San Luis Obispo County, Calif., will soon have to adhere to a new tax compliance program.

The county’s Board of Supervisors approved changes to the program Sept. 13, according to a press release, including a new required fee that will take effect Oct. 14.

The changes require every county cannabis business licensee to pay a Cannabis Tax Compliance fee of $3,918 upon license issuance, and each year when the license is renewed, according to the release.

The new fee is in addition to the required annual business license fee, which is currently $44 per new license and $34 per license renewal.

The Board of Supervisors also voted Sept. 13 to eliminate the California Cannabis Authority (CCA) fee, according to the press release, and cost recovery for the CCA is now included in the Cannabis Tax Compliance fee.

The change in fees stems from the board’s direction to various county departments that all costs associated with operating the cannabis program must be recovered so that the program is no longer subsidized by the County General Fund and taxpayers.

Michigan regulators are warning the state’s cannabis licensees of an increased number of scams targeting their businesses.

The Cannabis Regulatory Agency (CRA) issued a Sept. 30 advisory bulletin notifying businesses that fraudulent activity against licensees increased in August and September.

The incidents have the following similarities, according to the CRA’s announcement:

• Licensees are contacted by phone or text message by an individual seeking to place a substantial order of marijuana or marijuana product on behalf of a license.
• The individual is knowledgeable about how to place an order and gives a license number associated with a licensed marijuana business to place the order.
• When the secure transporter arrives, the location of the delivery is not a licensed marijuana business.

Regulators advise licensees to have their staff verify the validity of calls and texts with a manager or owner before processing the order, as well as verify the address for delivery.

The bulletin also reminds licensees that regulations require cannabis businesses to notify the CRA and local law enforcement within 24 hours of becoming aware of the theft or loss of any product or criminal activity.

Fraudulent activity can be reported to CRA-Enforcement@mighigan.gov.

UPDATE: A misdemeanor battery charge against former Ascend Wellness Holdings' (AWH) CEO Abner Kurtin has been dismissed, according to the Miami-Dade County Clerk of Courts.

Cannabis Business Times' original reporting below.

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Former Ascend Wellness Holdings’ (AWH) CEO Abner Kurtin released a statement saying charges have been dropped against him after he was arrested Sept. 6 on a misdemeanor battery charge in Southern Florida.

RELATED: Ascend Wellness CEO Arrested, Charged With Domestic Battery

Kurtin released a public statement Sept. 30 regarding the charges: “Today, the charges against me were dismissed by the City of Miami Beach. My partner and I were involved in a verbal argument that was never physical at any point. I have apologized to her privately for my verbal actions, and we both moved on with our relationship in a positive manner.”

According to Miami Dade’s Clerk of Courts, a hearing was scheduled at 9:45 a.m. Sept. 30. Cannabis Business Times was not able to verify the information with the Miami Dade Clerk of Courts, as results of the hearing were not immediately available.

"I want to thank the Miami Beach police who acted appropriately at the time and did their job as police officers. Domestic violence is a problem in our society and should not be tolerated. Florida has put in place among the strictest mandatory arrest laws in the country to allow time to protect victims and diligence the circumstances. I thank the police officers again for their unwavering commitment to upholding the law and protecting the lives of many.

“Lastly, I would like to personally thank all who helped me get through this difficult event. I am profoundly grateful for those who supported me and were patient with the due process of law.”

Kurtin, who founded New York-based multistate operator Ascend Wellness, was released on a $1,500 bond and issued a stay-away order with pretrial conditional victim contact allowed, as previously reported by Cannabis Business Times. 

Ascend issued a public statement Sept. 6 acknowledging the incident.

“The company is aware of allegations against CEO, Chairman, and Founder Abner Kurtin regarding a domestic-related misdemeanor,” Ascend officials said in the release. “The independent members of the company’s Board of Directors, through its Compensation and Corporate Governance Committee, are conducting an investigation of the matter with the assistance of independent legal counsel, Goodwin Procter, LLP.

“While the company cannot comment on an active investigation, it is treating this matter with the utmost seriousness and will continue to evaluate appropriate steps as more information becomes available,” Ascend officials said. “The independent members of the board are keenly attuned to the company, its shareholders, and employees, and the management team is focused on ensuring AWH continues to operate effectively during this time.”

Kurtin’s arraignment hearing was scheduled for Sept. 30.

Meanwhile, Ascend announced Sept. 28 that it named Chief Financial Officer Daniel Neville and President and Co-Founder Frank Perullo as interim co-CEOs, effective immediately, in what the company called a “leadership transition plan.” As part of this plan, Kurtin transitioned to executive chairman of the board.

RELATED: Ascend Shuffles Leadership Team After CEO’s Domestic Charge

“AWH has an incredibly strong foundation in place and remains well positioned to advance the goal of breaking down traditional walls in the cannabis marketplace and redefining the industry from the ground up,” board members said in a public statement. “As the company prepares to enter the next phase of its growth story, the board determined that now was the right time to initiate this transition.

“While the board executes its search for the company’s next CEO, AWH is fortunate to have Dan and Frank at the helm. They are both intimately familiar with AWH, and the board is confident that they are well equipped to guide the company forward and continue executing our strategic priorities during this period.”

Ascend’s search for a new permanent CEO continues.

Editor's note: Cannabis Business Times Editor Michelle Simakis contributed to this report.