What regulations on marijuana possession, consumption can City Council make?

It's been almost three months since state law legalizing recreational, adult-use marijuana was added to the Missouri State Constitution, and City Council continues to iron out details related to marijuana possession and consumption in Springfield.

During its special meeting on Tuesday, City Council heard from three city attorneys representing the Springfield-Greene County Health Department, Springfield Police Department and Springfield-Greene County Park Board. The attorneys presented information on the consumption and possession of marijuana in public and regulation of marijuana-infused products.

As a local governing entity, City Council may regulate public consumption, possession limits for individuals under 21, if marijuana can be possessed on educational grounds, consequences for the possession of between three and six ounces of marijuana and the possession of marijuana accessories by individuals under 21 or on educational grounds.

Public consumption

Under Article 14 Section 2, which legalizes recreational, adult-use marijuana in Missouri, local entities can regulate the use of marijuana in public spaces. The only rule they must follow is not establishing a fine related to public consumption that exceeds $100.

City attorney Mary Bozarth, representing the health department, said the department does not recommend any additional or altered regulations on public consumption of marijuana due to existing legislation.

City code prohibits smoking in city-owned facilities, enclosed public spaces, enclosed places of employment, enclosed residential facilities, outdoor areas within five feet outside entrances, windows and ventilation systems, and outdoor areas within five feet of outdoor playgrounds. A person who is found smoking in one of these public areas is fined no more than $50.

Springfield's Smokefree Air Act of 2011 defines smoking as "inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form."

Despite pre-existing legislation, conversation about expanding public consumption regulations arose multiple times during the meeting. Councilmen Craig Hosmer, Andrew Lear and Abe McGull were among those most vocal.

Hosmer said he doesn't believe marijuana consumption laws necessarily need to mimic those already enforced for tobacco and alcohol, but he doesn't think folks should be able to walk down the street smoking marijuana like a cigarette.

"I think cigarettes are bad and are a huge public health issue, but marijuana has the added problem because of impairment, where tobacco doesn't," Hosmer said.

McGull echoed Hosmer's concerns about smoking in public.

"I think we should prohibit the public smoking of marijuana, especially when you have the alternative that is if you want to use gummies or something else to get your THC level you can, you don't have to smoke in public," McGull said. "It can be an offensive smell to other people."

Possession limits for folks under 21

Article 14 Section 2 legalizes the possession of up to three ounces of dried, unprocessed marijuana by individuals 21 and up. Local entities are allowed to establish their own regulations for individuals under the age of 21 possessing marijuana. City Council can make any possession of marijuana by individuals under the age of 21 unlawful.

Individuals under the age of 21 with possession of up to three ounces of marijuana are punishable by a civil penalty up to $100. They must also have the option to attend up to four hours of drug education or counseling in lieu of paying the fine.

Marijuana possession on educational grounds

City Council can regulate where marijuana can or cannot be possessed, including the grounds of any public or private preschool, elementary or secondary school, institution of higher education, correctional facility and in a school bus.

"You can choose to have an ordinance that says in the city of Springfield, you're not allowed to possess marijuana in these locations," City Attorney Christopher Hoeman told City Council at Tuesday's meeting.

Questions about how potential ordinances would coincide with existing ordinances established by school boards and board of governors came up.

"That conversation has already came up in the context of like Missouri State, where we have a police substation operating on campus," Hoeman said. "Right now, in the absence of some restriction of marijuana as an ordinance matter, Springfield police offers can't really assist if they find marijuana in the dorms, for instance, because there's no law violation going on there. It may be a student conduct violation, but there's nothing to involve the police within those circumstances without some additional restrictions."

Marijuana consumption and possession is not permitted on Missouri State's campus, as outlined in its Drug and Alcohol Policies. Students in violation may receive a fine, assignment of two reflection papers, parental notification or separation from the university for one semester.

Consequences for possession between three and six ounces

City Council can regulate civil penalties for individuals found with more than three ounces or marijuana, up to six ounces. The only exception is that the civil penalty cannot exceed $250. In addition, local entities must give individuals the option to perform community service in lieu of paying the fine.

Under current city code, the possession of more than 35 grams of marijuana is prohibited, but this is outdated and unenforceable with the addition of Article 14 Section 2 to the state constitution.

Although the possession of only three ounces is legal under Article 14 Section 2, a state regulation has also yet to be established on what consequences look like for individuals in possession of three to six ounces, Hoeman said.

'Marijuana accessories'

City Council may regulate the sale, delivery of distribution of marijuana accessories to individuals under 21, possession of marijuana accessories by individuals under 21 and possession of marijuana accessories on school property. When drafting regulations, City Council cannot establish a civil penalties exceeding $100.

Under Article 14 Section 2, "marijuana accessories" are defined as "any equipment, product, material or combination of equipment ... designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing marijuana into the human body."

This term was added with the legalization of recreational, adult-use marijuana. In current city code, the term "drug paraphernalia" is used, which is not exclusive to marijuana.

In taking action, Hoeman recommended City Council revise the current code regarding drug paraphernalia to exclude "marijuana accessories" as defined by Article 14 Section 2.

By the end of Tuesday's meeting, City Council agreed to conduct further research on potential marijuana consumption and possession regulations. City Council's next meeting is Monday at 6:30 p.m.

This article originally appeared on Springfield News-Leader: What marijuana possession, consumption rules can City Council make?