Missouri Recreational Marijuana Law Sparks Uncertainty Among Attorneys and Law Enforcement

Strategic Insights -

As Missouri's recreational marijuana law prepares to take effect, attorneys and law enforcement officials are navigating the implications of the new policy. The legalization of recreational marijuana, approved by voters through Amendment 3, will allow residents 21 and older to purchase up to 3 ounces of dried, unprocessed marijuana per day. However, concerns have been raised about the potential impact on driving while intoxicated (DWI) charges, police searches, and workplace drug policies.

Key Takeaways:

  • The new law may lead to an increase in DWI charges as the use of marijuana increases, according to attorneys.
  • Police officers may no longer be able to use marijuana odor as probable cause to search a vehicle during a traffic stop, as it is now a legal substance.
  • The state's separate weighing system for gummies and other products not sold in flower form may cause confusion for law enforcement.
  • Driving while under the influence in Missouri is considered a Class B misdemeanor, with a first offense resulting in up to six months in jail or a $500 fine.
  • Area law enforcement agencies, including the Missouri State Highway Patrol and St. Louis County and city police, are awaiting the amendment's enactment.
  • The St. Louis Metropolitan Police Department has no plans to change department policies or procedures.
  • The Missouri State Highway Patrol will enforce the new rules and trains officers on identifying impaired drivers.
  • St. Clair County Sheriff Richard Watson reports no challenges with recreational marijuana policing or DWI rates.
  • Attorneys speculate that marijuana odor in police reports may become less relevant as the substance becomes legal.
  • DWI cases involving marijuana are difficult to prove, relying on officer testimony due to the lack of a test to determine when a person last smoked.
  • Workplace drug policies may need to be revised in light of the new law, according to some experts.

Statistics:

  • Under the new law, residents 21 and older can purchase up to 3 ounces of dried, unprocessed marijuana per day.
  • The state uses a separate weighing system for gummies and other products not sold in flower form.
  • First-time DWI offenders face up to six months in jail or a $500 fine.
  • Missouri State Highway Patrol trains officers on identifying impaired drivers.
  • St. Clair County Sheriff Richard Watson reports no challenges with recreational marijuana policing or DWI rates.

Sources:

  • Byline: Laurie Skrivan, Post-Dispatch ST. LOUIS
  • Voters approve Amendment 3, legalizing recreational marijuana
  • "I think it might go away entirely because, you know, the officer walks up to a car and says, 'I smell the odor of marijuana,'" said Chris Combs, St. Louis injury and criminal defense lawyer
  • Travis Noble, a well-known St. Louis defense attorney, reports difficulty in proving DWI cases involving marijuana
  • Dana Rieck, St. Louis Post-Dispatch