“I just see this as an encroachment. Where maybe one day they will come back and make cannabis illegal again.”
By Rebecca Rivas, Missouri Independent
A Missouri House committee debated a bill that would mirror Illinois’ open-container law to allow marijuana to be transported in vehicles.
Rep. Kent Haden (R-Mexico) proposed a bill that would require all marijuana products to be stored in child-proof and odor-proof containers.
Haden admitted that he didn’t claim to know much about marijuana and had never inhaled it. Haden’s joke earned him laughs from the House Crime Prevention and Public Safety Committee. Let’s clear the air.
Haden stated that the idea for the legislation was derived from local sheriffs, who were frustrated about the imposition of driving while intoxicated restrictions under the 38-page constitutional amend. Amendment 3 , which appeared on the November ballot, was also approved by voters.
Under Amendment 3, people can’t smoke marijuana while driving or riding in a motor vehicle. Officers can’t use the smell of marijuana to justify their detention, search, or arrest.
“Amendment 3 specifically prohibits even passenger from smoking marijuana inside the car,” stated Matt Oller of Audrain County, who testified in support of the bill. It does not address how to deal with this. There is no process. “No one knows.”
He described Amendment 3 as “a 38-page mess”, which doesn’t address public safety and how to deal with marijuana consumption on public roads.
He said, “My family drives up the road every day.” “I don’t want them to be hit by intoxicated drivers.
Haden stated that the bill was inspired by Illinois’ 2021 open container law for marijuana.
Many members of the committee, including a representative of McCann Trade (an association of cannabis professionals), supported the bill’s intent. They didn’t believe an open-container bill would address the core concerns of both child poisoning and intoxicated drivers.
Rep. Lane Roberts (R-Joplin), who chairs the committee said that he was there when open-container legislations were created in the early 1970s. “And some really stupid decisions descended from that.” Sometimes, when we don’t understand the intent or letter of the law we make mistakes.
Missouri doesn’t currently have an open container law for alcohol. Rep. Jeff Myers (R-Warrenton), who was a Missouri Highway Patrol trooper for nearly 30 years, stated that it’s not a crime to be seen driving after drinking.
He said that a marijuana open-container law would be more complex than alcohol because marijuana products come in many different packaging options.
Myers stated, “On the enforcement side it’s how I see it,” and that “it’s going be pretty difficult to drill down into an open container.”
Rep. Ian Mackey (D-St. Louis) said that the idea of something being childproof is also vague.
Mackey stated that when you go to a marijuana shop, they won’t give it in a childproof container. So anyone who purchases marijuana must then transfer it into another type of [container]. This is a huge task.
Two Missourians and Tom Robbins (MoCann Trade’s lobbyist) testified against the bill.
Robbins stated that impaired driving is not something Robbins endorses. Robbins stated that there are problems with the application ….. Our program is constitutional, while the Illinois program is statutary. This sets different standards for reviewing.
Kevin Hurdle, a man testifying that he is worried that these are the legislators trying to reverse Amendment 3.
He said, “First it starts off being a misdemeanor.” It will likely get stricter. This is just an encroachment. Maybe they will one day make marijuana illegal again.
Rep. Bill Allen (R-Kansas City) doesn’t believe Hurdle is the only one who would fear. He said that voters “made their decision” and would view this as legislators trying take over that decision.
Allen suggested that we might give it some more time. Allen said, “And if it does seem to be a problem then we can find a mutable resolution.”
Allen added to Haden, “I also wanted to mention that inhaling is a lot better.”
Missouri Independent published this story for the first time.
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The post Missouri Lawmakers Push Open Container Penalty for Marijuana – But State Doesn’t Have Similar Policy For Alcohol appeared originally on Marijuana moment.
