Desiree Nixon

An amendment change locally and statewide

Following the November 2022 election, Missouri citizens voted to pass amendment three, which allows residents over the age of 21 to possess up to three ounces of marijuana. This comes after medicinal marijuana was legalized in November 2018. 

With amendment three, medicinal marijuana facilities are able to convert their business licenses to sell recreational marijuana. The Missouri Department of Health and Senior Services said licenses for these recreational facilities started being issued in the state of Missouri on Feb. 3. Just before the licenses were issued, cities like Springfield had to change their code to match the states. 

Amendment three states marijuana facilities have to be 1000 feet from schools, churches or daycares. However, local governments could change this. The city of Springfield debated if they should. 

Daniel Neal, senior planner for the city of Springfield showed the implications of the 1000-foot rule in the city council meeting on Jan. 23. 

“We allowed recreational marijuana in the same locations as medical marijuana facilities, or within the same separation requirements as those facilities,” Neal said. “The only difference we had from the states original statutes, law, had approved, was that we had reduced our separation requirement from dispensaries to 200 ft from churches and daycare facilities. There were probably other cities that did 1000 feet separation from those.”

According to Springfield city council bill 2023-027, recreational and medicinal facilities have to be 200 ft from churches or daycares and 1000 feet from schools in Springfield. However, within the greater Springfield area, different cities have different regulations. 

For instance, Republic municipal code states facilities have to be 1,000 feet from schools, churches and daycares. Easy Mountain Cannabis Company is one of those dispensaries located off of US 60 behind Corwin Ford in Republic.

The process of getting marijuana

Once that driver steps out of their car and into Easy Mountain, they may be even more surprised at how highly secure the facility is. When opening the door customers are faced with a window and an employee who requests to see the customer’s driver’s license and medical card if they have one. After being checked through their system, patrons will go to the waiting room until a different employee can guide them into the marijuana showroom. 

Drew Beine, co-owner of Easy Mountain Cannabis Company, said the main thing that their security is checking for is that customers are 21 years or older. However, there are some exceptions to that rule. 

“If you are a medical patient you can be really any age. But if you are under the age of 18, your parent or guardian will have to be your caretaker and get the product for you,” Beine said. “Unless you are emancipated then you have the right to come in as a medical patient.” 

Some recreational users are concerned with the high security entrance process that some dispensaries have. Some wonder where their information is being stored. Beine said that information is for the dispensary’s knowledge only. 

“There is no tracking of that,” Beine said. “So the only thing is as dispensaries we are regulated to make sure we do not sell an individual more than three ounces in a day.”

If someone is in possession of more than three ounces at one time, that is when authorities can get involved. Amendment three only allows three ounces to be on someone at a single given time. 

Law enforcement adapts to amendment three

Aside from possessing too much marijuana, driving under the influence of cannabis also can cause issues for recreational users. 

“If a law enforcement officer observes violations of law relative to driving along with other correlating driving behaviors that cause (the officer) to be suspicious that the driver may be impaired, sleepy or distracted, the driver can be stopped,” Michael McClure, public information officer with the Missouri State Highway Patrol, said.  “If it is determined that the driver is impaired, then they will make a custodial arrest.”

Once arrested, McClure said that a blood test can be administered to see if the driver was under the influence of marijuana. However, McClure said the legalization of recreational marijuana did not drastically change how officers deal with impaired driving. 

“The discretion will ultimately be with the judicial system (on) how the amendment and the current drug statutes reconcile,” McClure said. 

Additionally, McClure said there are no repercussions for a driver having an open container of marijuana in the car. Unlike having an open container of alcohol or other federally illegal drugs. 

Despite Missouri’s recreational and medicinal marijuana laws, it is still federally illegal. This can have implications for certain individuals. Beine mentioned it is illegal to transport marijuana across state lines. 

The Missouri Department of Health and Senior Services said the ability to purchase a firearm could be limited for those with medicinal cards.  

For more advice on how recreational use can impact user lives, the Missouri Department of Health and Senior Services suggests they reach out to their attorney.