The passage of last year's Amendment 3 spelled big changes for the state's blossoming marijuana industry, and law enforcement and the courts are gearing up for the changing legal landscape.
Possessing up to three ounces of marijuana has been legal in Missouri since December, a month after voters passed Amendment 3 legalizing adult use for recreational purposes.
Legal recreational sales are expected to begin next month as the state begins approving applications, many of which have been submitted by existing medicinal dispensaries.
While the law regarding possession and use have changed, Jefferson City Police Department spokesman Lt. David Williams said officers would maintain the same focus they always have under the new law, especially when it comes to traffic stops.
"We're treating it like any other issue," Williams said. "It's all about training, training, training. We go through the training we need to see the signs and indicators, so nothing is going to change for us there."
Testing for other drugs during a traffic stop is not the same as testing for alcohol with a breathalyzer, according to Missouri State Highway Patrol Lt. Eric Brown. For the most part, DWIs are determined more by visible signs of intoxication.
Some troopers are certified as Drug Recognition Experts (DREs), having mastered advanced training that helps them determine if a driver is too impaired to safely drive.
"DREs are certified to testify in court as an expert on the effects of drugs and alcohol on a person's body," Brown told the News Tribune in an email. "Law enforcement agencies across the state also have officers who are certified DREs. DREs can be used to assist with DWI investigations when needed."
DREs must have three or more years in law enforcement and a minimum of 36 career DWI arrests, or 72 DWI arrests if they've been in law enforcement for fewer than three years, according to the patrol. They undergo 72 hours of classroom training as well as field certification.
Missouri law enforcement conducted 844 total evaluations in 2021, according to data from the Missouri Safety Center, with 43 of the year's arrests cannabis-related. The state was home to 186 certified DREs as of that reporting period.
Drug-centric DWI investigations make use of blood and urine tests, with breathalyzers only used if alcohol was also involved or suspected. Drug tests can be tricky, however, as results may show up positive for marijuana use that occurred days or even weeks before the user got behind the wheel.
As for the prosecutorial side of things, the Missouri Association of Prosecuting Attorneys (MAPA) warned the amendment made changes that could prove detrimental to the judicial system.
"Amendment 3 fails to protect our children from dealers in black market marijuana," a document from the group's website read. "While a person under 21 is not to possess recreational Marijuana, a dealer can give marijuana to middle schoolers and face only a 'civil penalty' of $100. Prosecutors do not enforce civil penalties. Amendment 3 is silent on who would."
The sheet said smoking marijuana in public was also considered a civil penalty under the amendment's language and that there were significant barriers to communities hoping to ban use within their jurisdictions, requiring at least 60 percent of the vote to enact a ban and only during a presidential election year.
The group also said other states that had legalized recreational use had actually seen a rise in their illicit trades due to high tax rates and stringent regulations.
The new policy and its effect on the legal landscape will also be closely followed by new Missouri Attorney General Andrew Bailey, according to his office.
"Attorney General Bailey is committed to enforcing the laws as written," spokeswoman Madeline Sieren wrote in an email. "To that end, our office will continue to work with local law enforcement throughout the state as they strive to enforce Amendment 3."
While the state's executive and judicial branches are weighing changes to the recreational industry, lawmakers are also preparing to consider marijuana policy.
HB 295, a proposal from Rep. Kent Haden, a Republican representing the Mexico area, would create the offense of possessing an open container of marijuana in a vehicle, mirroring the longstanding alcohol offense. The law would apply to any marijuana or related product not contained within a secure, sealed or resealable, child-proof or odor-proof container or receptacle.
Violations of the potential law would be a Class A misdemeanor.
Sen. Barbara Washington, a Democrat from Jackson County, filed a bill that would ensure family courts could not prohibit participants from taking part in the state's medical marijuana program. SB 443 would prohibit family courts from refusing participants access to the state's medical marijuana program. Parents would also be protected from the use of their medical marijuana status against them during custody battles.