Will you be able to smoke weed in public if Missouri votes to legalize marijuana?

There are still a lot of questions circling around what will happen if Missouri voters choose to legalize recreational marijuana in November.

The Star is working to answer reader’s questions and sort through any confusion. Reader Lindsay Wood reached out to The Star to ask how the amendment would impact laws related to smoking in public spaces.

If Amendment 3 passes, smoking weed would be prohibited wherever smoking tobacco is prohibited, according to the amendment. The penalty for smoking in public in an area that is not designated for smoking will result in a civil penalty and no more than a $100 fine. This change will make it so the infraction will be civil and not criminal and it will reduce the fee for smoking in public.

It will still be illegal to smoke while driving or to smoke inside any operating motor vehicle, including trains, aircrafts and motor boats.

Marijuana users would also not be able to consume or possess marijuana on the grounds of any public or private schools (that’s preschool through higher education), or on the grounds of a correctional facility.

Missouri state law currently prohibits people from smoking in public spaces unless the space is outdoors and designated for smoking. The Missouri Clean Indoor Air Law also prohibits smoking in indoor private and public places that are open to the public.

So what is a public place?

Missouri state law says that “public place” means any public or private property, or portion of public or private property, that is open to the general public,

including but not limited to sidewalks, streets, bridges, parks, schools and businesses.

This can include retail stores, restaurants, public restrooms and entertainment facilities like arenas, malls and theaters.

So what is considered a non-public space?

Non-public places, according to the Clean Indoor Air Law, include private residences, tobacco stores where more than 50% of the sales are related to tobacco products or an entire room or event hall that is used for private social functions.

Although that may seem fairly restrictive, there are instances where smoking is and will be technically allowed. Obviously residential properties are considered non-public, and the owner of said properties can make their own decisions about what kind of consumption is allowed on their property. However, if the amendment passes, no leases signed after the amendment passes can prohibit tenants from “lawfully possessing and using marijuana by means other than smoking.”

Local businesses and property owners can also decide to create spaces designated for smoking and marijuana consumption, but those spaces still need to abide by state law in order to stay legal.

The state’s current medical marijuana laws state that it is legal for a local business to offer a discreet space for medical marijuana customers to consume the product.

This space is to be used by only one person at a time, unless the patient needs to be accompanied by a family member or a caregiver. The owner can also decide to limit consumption to products that don’t produce smoke, according to the law.

Could the passage of Amendment 3 expand what counts as a non-public space?

Local marijuana defense attorney Greg Watt said that it’s likely marijuana users will be asked to smoke and consume in private for a while, even if recreational use is legalized.

“I think you’re going to see a private consumption expectation, and that is that marijuana is to be consumed in the privacy of one’s own home,” Watt said.

Watt added that although it is possible for the law to one day legalize public consumption, most states have required medical and recreational marijuana users to keep their consumption rather private.

“There’s not a state to my knowledge that has authorized public use. It’s been legalized with the expectation that it’d be consumed in the privacy of the home,” Watt said.

What about private clubs and member only environments?

Although there are some exceptions at the state level, smoking or consuming marijuana remains illegal at the federal level, so it’s important to be mindful of regulations.

There are only a handful of bars and lounges nationwide that allow legal marijuana consumption. Some clubs may offer special events for consuming weed, but lawyer Patrick Nolan said the onus is on the consumer to understand what is legal and what is not if they choose to consume.

“There are a lot of places that are pushing the boundaries,” Nolan said. “And we just don’t know enough about what the edges of those boundaries look like yet.”

Watt agreed that it’s not clear when state laws around marijuana will catch up with that dream of having public social clubs dedicated to smoking, similar to bars.

If the amendment is passed in November, the safest bet will be to smoke or consume marijuana at private residences. However, Amendment 3 does allow for local governments to make decisions about when and where marijuana can be smoked publicly.

“I think you may see expansion upon the limits down the road, but I don’t think you’re gonna see those right out of the gates,” Watt said.

What are the consequences of smoking in public now?

According to the state’s Clean Indoor Air Law, you can get charged up to $200 for smoking indoors, in a public space. That fee is $500 for a corporation.

There are cities, like Kansas City and St. Louis, where possession of marijuana is decriminalized. However, it is important to be mindful of where you are, as rules and regulations around possession and consumption can differ from jurisdiction to jurisdiction.

Watt said that laws around marijuana use and possession can be especially strict in rural communities.

Note: Previously, this story only included the current penalties for smoking indoors in a public space. We have corrected this story to include the new penalties for smoking in public that would be in place if Amendment 3 passes in November.

If you have more questions about Amendment 3, send them to kcq@kcstar.com.

This story was originally published October 11, 2022 at 6:00 AM.

Kynala Phillips

The Kansas City Star

Kynala Phillips was a Service Journalism Reporter at The Kansas City Star, where she worked to answer readers questions about the resources and services in the community. She attended the Newmark Graduate School of Journalism and is originally from Madison, Wisconsin.