ST. LOUIS 鈥 Missourians will be able to buy recreational marijuana by early February, but both attorneys and police are unsure what the drug鈥檚 legalization means for police departments, officers and residents.
Attorneys speculated that charges for driving while intoxicated could rise as the use of marijuana increases. And they said the shift in law could prevent police officers from using marijuana odor as probable cause to search a vehicle during a traffic stop.
鈥淚t will be interesting because (attorneys) have complained for some time that law enforcement will use the smell of marijuana as an excuse to get into somebody鈥檚 car,鈥 said Jill Schaefer, a defense attorney based in Clayton.
Voters on Tuesday approved Amendment 3, which will allow anyone 21 or older to purchase up to 3 ounces of dried, unprocessed marijuana per day. The state uses a separate weighing system to determine the amount of gummies and other products not sold in flower form.
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Driving while under the influence in Missouri is considered a Class B misdemeanor, if it鈥檚 the first offense. That first offense can result in up to six months in jail or a $500 fine.
Area law enforcement agencies, including the Missouri State Highway Patrol and 狐狸视频 County and city police, declined interview requests for this story. A 狐狸视频 County police spokeswoman said the department is waiting for the amendment to take effect. A 狐狸视频 Metropolitan Police spokeswoman said that department has no plans to change department policies or procedures, and was unclear on some of the rules governing enforcement of the new amendment. The highway patrol said it trains officers on identifying impaired drivers and will enforce the new rules.
In Illinois, recreational marijuana has been legal for almost three years. St. Clair County Sheriff Richard Watson said his agency has experienced no challenges with recreational marijuana when it comes to policing or the rate of DWIs or accidents.
鈥淭he only thing now is you鈥檝e got to differentiate whether a person has legal marijuana or illegal marijuana,鈥 he said.
狐狸视频 injury and criminal defense lawyer Chris Combs said he鈥檚 read hundreds of police reports with marijuana odor stated as the officer鈥檚 probable cause.
鈥淚 think it might go away entirely because, you know, the officer walks up to a car and says, 鈥業 smell the odor of marijuana,鈥欌 he said. 鈥淲ell, guess what? Marijuana is legal. You can smell the odor of cigarettes too, you know?鈥
DWI cases involving just marijuana are difficult to prove, said Travis Noble, a well-known 狐狸视频 defense attorney. They rely almost entirely on officer testimony because there is no test to determine when a person last smoked.
There is also no known way to measure how high someone is, like the blood alcohol concentration test, which determines the percentage of alcohol in a person鈥檚 blood stream. Some officers are trained to observe behavior to determine what kind of drug the person is under the influence of 鈥 an imprecise science, Noble said.
He鈥檚 tried more than 200 DWI marijuana cases, he said. And never lost one.
Missouri approves recreational marijuana; Schmitt wins and more election coverage
Catch up on results of the Tuesday, Nov. 8, 2022, elections in the 狐狸视频 area.
Sales could begin as early as February.
See where Constitutional Amendment 3 is getting the strongest support.
鈥淲e didn鈥檛 just win an election,鈥 Schmitt said. 鈥淲e sent a message to Joe Biden 鈥 we want our country back.鈥
See where candidates for U.S. Senate are getting their strongest support.
Republican Attorney General Eric Schmitt won his bid for the U.S. Senate on Tuesday, Nov. 8, 2022, defeating Democrat Trudy Busch Valentine.
Republican Mark Mantovani conceded late Tuesday to Democrat Sam Page in the race for 狐狸视频 County Executive.
Clancy, Harder, look to keep their seats; Hancock beating Englund in 3rd district.
Voters鈥 decision on Tuesday could send shockwaves through 狐狸视频 politics.
Republican U.S. Rep. Ann Wagner defeated Democratic state Rep. Trish Gunby in the 2nd District while Democratic U.S. Rep. Cori Bush trounced GOP utility executive Andrew Jones in the 1st.
They succeed U.S. Reps. Vicky Hartzler and Bill Long, who ran unsuccessfully for the GOP nomination for U.S. Senate.
State Treasurer Scott Fitzpatrick was elected state auditor on Tuesday, easily eclipsing his Democratic opponent, former state Rep. Alan Green of north 狐狸视频 County.
Republicans targeted the 24th District after it gained more GOP voters in redistricting.
Longtime incumbent Donna Jones and newcomer Emily Hubbard will serve on the school board.
Pritzker won a second term buoyed by a campaign on fiscal stability and taxpayer relief.
The AP called the race for U.S. Sen. Tammy Duckworth shortly after the polls closed Tuesday.
The Associated Press called the race for Budzinski at 12:09 a.m. Wednesday.
Area residents cited a range of reasons they showed up to vote Tuesday. Here鈥檚 what they told us.