Missouri Amendment 3 takes effect Thursday but confusion abounds for marijuana use

Dec. 8—Thursday marks the first day Missouri Amendment 3 takes effect in the state, though questions remain about what the legalization of adult-use marijuana will look like.

The amendment, which Missourians passed in November, gives adults 21 and older the constitutional right to possess and consume marijuana, with limits, but right now, there are no legal ways to buy it without a medical license.

"What we understand is that effective tomorrow (Dec. 8), under the Amendment 3, that the constitutional amendment will allow for possession of up to 3 ounces of marijuana for Missouri residents in Missouri," said Capt. Shawn Collie, Buchanan County Sheriff's Department Drug Strike Force division commander.

St. Joseph Police Department Capt. Jeff Wilson said the department's officers have been updated on the changes and told how to proceed with the amendment.

"As far as enforcement goes, if you so choose, in the state of Missouri, you will be able to possess a certain amount of marijuana and it will be legal," said Wilson.

When further pressed on what those changes look like for the department, Wilson did not provide an answer.

Josh Smith, a Cameron-based lawyer familiar with the amendment, agreed it is legal to possess marijuana but pointed out the amendment could be interpreted differently. Ultimately, Smith noted, there are a lot of details in the amendment that are not completely black and white and could be determined by judges or state legislatures.

"I could see somebody taking a different opinion and arguing it differently, and then it's up to the judge to decide," Smith said. "Case law is how most of our law is interpreted."

This puts officers in a tricky situation since they haven't been given clear directives.

"We have no guidance from the state on anything," Collie said.

Earlier in the week, Sgt. Shane Hux with Missouri State Highway Patrol Troop H said their troop also had not been given guidance.

The spokesperson for the entire state highway patrol, Capt. John Hotz, emailed a statement to News-Press NOW on Tuesday.

"The Missouri State Highway Patrol will enforce and comply with Missouri statutes, rules and regulations related to marijuana," Hotz said. "All of our troopers receive extensive training in the detection of drug- and alcohol-impaired drivers."

The Missouri State Troopers Association said the guidance is essential for law enforcement agencies to operate. Executive Director Kemp Shoun said the patrol has two lawyers on staff and will likely lean on the Attorney General's Office for guidance.

"They have to be ready for this; there's not an option to make a mistake," Shoun said.

News-Press NOW reached out to the Attorney General's Office for comment and did not receive a response.

The Missouri Association of Prosecuting Attorneys told News-Press NOW that prosecutors have been discussing the amendment. Christian County prosecuting attorney Amy Fite said there are trainings going on for different agencies and organizations across the state.

During the limbo between the amendment going into effect and dispensaries beginning to sell adult-use marijuana, Collie recommends people keep marijuana out of sight in vehicles.

"We're going to give the benefit of the doubt to the citizen," Collie said.

Smith anticipates there to be more DWI charges related to marijuana.

"I would be careful about driving around with marijuana, especially if you're going to test positive," Smith said.

Law enforcement agencies expressed they will be, and have always been, strict on driving under the influence of marijuana.

"I'll go back to the driving under the influence. Do not do that. Do not do that because you will get caught and hopefully you get caught before somebody's injured very bad," Wilson said. "Please be responsible when it comes to operating a motor vehicle in our state in our city."

Thursday, medical marijuana dispensaries in St. Joseph, like Vertical, are able to apply for comprehensive licenses to sell both medical and adult-use marijuana.

The Missouri Department of Health and Senior Services spokesperson told News-Press NOW the approval process is expected to take a couple of months still, likely until early February. The department has until Feb. 6 to approve the first dispensary, according to the 39-page amendment.

Adults, 21 and older, can only have up to 3 ounces, which is about 85 grams. There are limits as to where one can have marijuana, too. For example, you cannot consume marijuana in public or on school property, including higher institutions.

If one wants to grow their own plant, they must obtain a registration card from the Department of Health and Senior Services to cultivate up to six flowering plants and six non-flowering plants for non-commercial use.