Law enforcement learning to navigate Amendment 3

Julie Smith/News Tribune
Jefferson City Police Chief Eric Wilde, left, and Cole County Sheriff John Wheeler addressed members of the community about the legalization of recreational marijuana during a meeting Thursday morning in city hall. The gathering of Cole County Communities Committee happens the first Thursday of each month and is an opportunity for city, county and state elected officials to be in one place to talk about the events and improvements being made in the individual communities and discuss ways in which areas surrounding Jefferson City proper can work together to find funding, save dollars on items or jobs and a host of other opportunities.
Julie Smith/News Tribune Jefferson City Police Chief Eric Wilde, left, and Cole County Sheriff John Wheeler addressed members of the community about the legalization of recreational marijuana during a meeting Thursday morning in city hall. The gathering of Cole County Communities Committee happens the first Thursday of each month and is an opportunity for city, county and state elected officials to be in one place to talk about the events and improvements being made in the individual communities and discuss ways in which areas surrounding Jefferson City proper can work together to find funding, save dollars on items or jobs and a host of other opportunities.

As adult-use marijuana sales light up across the state, local law enforcement officials say they're still navigating the new legal landscape.

Jefferson City Police Chief Eric Wilde said the changes Amendment 3 made to the state constitution aren't dissimilar to laws on adult alcohol use, from taxation to locations where consumption and possession are disallowed. He said these new state regulations go farther than other measures and will take plenty of time for law enforcement and attorneys to sort through.

"They're not written like other ordinances in the past," Wilde said. "This was written with a lot of very specific language in there. So even as law enforcement, our officers are training on it. We're trying to dissect that we're having a lot of conversations with the city attorneys, city prosecutor, state prosecutor to really set the parameters as to what this means and how do we enforce it.

"Ultimately, it came down to this: The Missouri Constitution now makes recreational and medical marijuana not just legal in the state of Missouri, but it's a constitutional right."

Voters passed Amendment 3 in November, legalizing the use and possession of up to 3 ounces of recreational marijuana for those 21 and up as well as the manufacturing and sale of marijuana products by licensed businesses. The amendment took effect a month later, decriminalizing use and possession, and legal sales officially began in early February.

Wilde joined Cole County Sheriff John Wheeler for a discussion on the new regulations before the Cole County Communities Committee on Thursday morning at City Hall. The officials walked through the changes brought on by Amendment 3, as well as the similarly written ordinances passed by the Jefferson City Council last month.

While the city tailored its policy to mirror the state's, Wilde said adopted ordinances varied from one community to the next, making it important to those working with other areas of the state to be aware of differing policies from one city to the next.

Wheeler said the legalization might not have the effect some are hoping for on illicit trade, with taxes and prices possibly encouraging people to stick with their unregulated dealers. Wilde, meanwhile, said enforcement of marijuana offenses won't change much with the new regulations.

"From the enforcement standpoint, I don't think it's going to change a lot for us because we've always been doing this," Wilde said. "When you read our ordinances, there's still a lot of very strict restrictions. I'm going to say that the possession and use of marijuana right now is a lot like alcohol, but it's more restricted in that you can't go down to the bar and have a joint or consume marijuana."

As for handling those marijuana offenses, he noted that determining drug offenses during traffic stops was less straightforward than it was with alcohol. Blood tests can show THC in a suspect's system, but traces can remain in someone's blood for days or weeks after use, and there is no legal limit that identifies intoxication as there is for alcohol. Wilde said the focus for authorities would remain on signs of impairment and other indicators.

Possession in permitted areas is limited to 3 ounces, but Wilde said that's a less restrictive cap than it sounds. He said 1 ounce was typically enough for 100 marijuana cigarettes.

And despite the constitutional change, they said marijuana offenses remained a daily subject of their calls for service since the changes took effect.

Wilde ultimately encouraged attendees to dig into the regulations on the state and local level for themselves, something Wheeler said law enforcement, attorneys and legislators would be doing themselves.

"The problem we have is that this is such a complicated law that it's going to come down to the courts and the lawyers to determine how it works -- it's going to be case law," Wheeler said. "We're going to make arrests and do our job, but there's a lot to go on understanding how this complicated addition to the Constitution will work."

photo Julie Smith/News Tribune Jefferson City Police Chief Eric Wilde, background middle, and Cole County Sheriff John Wheeler, near right, addressed members of the community about the legalization of recreational marijuana during a meeting Thursday morning in city hall. The gathering of Cole County Communities Committee happens the first Thursday of each month and is an opportunity for city, county and state elected officials to be in one place to talk about the events and improvements being made in the individual communities and discuss ways in which areas surrounding Jefferson City proper can work together to find funding, save dollars on items or jobs and a host of other opportunities.
photo Julie Smith/News Tribune Jefferson City Police Chief Eric Wilde, background left, and Cole County Sheriff John Wheeler addressed members of the community about the legalization of recreational marijuana during a meeting Thursday morning in city hall. The gathering of Cole County Communities Committee happens the first Thursday of each month and is an opportunity for city, county and state elected officials to be in one place to talk about the events and improvements being made in the individual communities and discuss ways in which areas surrounding Jefferson City proper can work together to find funding, save dollars on items or jobs and a host of other opportunities.
photo Julie Smith/News Tribune Mayor-elect Ron Fitzwater and outgoing mayor Carrie Tergin are shown at Thursday's Cole County Communities Committee monthly meeting in Jefferson City Hall. The group meets the first Thursday of each month, typically at the Chamber of Commerce, and see how the city and county and communities within the county can connect to help each other out, solve problems and maybe save money on projects.
photo Julie Smith/News Tribune Jefferson City Police Chief Eric Wilde, near, and Cole County Sheriff John Wheeler addressed members of the community about the legalization of recreational marijuana during a meeting Thursday morning in city hall. The gathering of Cole County Communities Committee happens the first Thursday of each month and is an opportunity for city, county and state elected officials to be in one place to talk about the events and improvements being made in the individual communities and discuss ways in which areas surrounding Jefferson City proper can work together to find funding, save dollars on items or jobs and a host of other opportunities.

Upcoming Events