Missouri man was approved for medical marijuana. Why was he jailed for pot possession?

A Missouri State Highway Patrol trooper stopped Jamie Wilson in November for a traffic violation after he overtook a tractor-trailer on a highway in Daviess County.

The patrolman discovered 2 ounces of marijuana in Wilson’s pickup truck and another 6 ounces of pot in a backpack near Wilson’s 4-year-old grandson, according to court records.

Wilson, who lives in Trenton, Missouri, went before 43rd Circuit Presiding Judge Ryan Wesley Horsman on Wednesday to answer charges that included illegally possessing pot and child endangerment. He entered a not guilty plea.

But here’s the plot twist: Wilson is authorized by the state of Missouri to use or possess marijuana. He is also medically exempt and permitted to cultivate marijuana.

And he should not have been remanded to jail in Daviess County.

Medical marijuana use is now legal in Missouri. And tens of thousands of Missourians with an array of health issues already have turned to cannabis since the state authorized patient cards this summer.

But the lack of legal clarity surrounding the state’s medical marijuana program has left patients, law enforcement officers and officials in a state of confusion over what constitutes legal possession.

Patients with medical marijuana cards issued by the Missouri Department of Health and Senior Services may consume, possess or cultivate marijuana with the proper authorization. But licenses for dispensaries won’t be issued until the end of next month.

Until then, selling marijuana is still illegal. Possessing a certain amount is not.

The slow-rolling process has left people such as Wilson ensnared in a legal morass with potentially devastating ramifications.

Daviess County Prosecutor Andrea Gibson charged Wilson with felony possession of marijuana and endangering the welfare of a child involving drugs. Wilson was also hit with three misdemeanor charges for possession of drug paraphernalia, overtaking a vehicle and failure to provide proof of insurance.

Article 14 of the Missouri Constitution says the Department of Health and Senior Services may impose possession limits, but the restrictions can’t be less than a 60-day supply, which equates to about 8 ounces.

Emergency rules released this summer by the health department clarify who can possess pot and when.

“It is the interpretation of DHSS that card holders are currently authorized to possess medical marijuana, but ultimately, the interpretation of how Article XIV protections apply during any given time period will be up to law enforcement and the courts,” state officials wrote in an email to The Star Editorial Board.

Wilson did not have his medical marijuana card with him as required the night he was arrested, but his medical exemptions were authorized by the state, said Kyle Fisher, Wilson’s public defender.

Fisher produced Wilson’s card in court, but Wilson’s $10,000 bond, filed after his initial arrest, was revoked last month when he admitted to a bond supervisor that he was still smoking pot for medical reasons.

Last week, a judge denied Fisher’s motion to dismiss the case.

Wilson remained in jail for weeks with a $75,000 bail before his release Wednesday, when Horsman lowered the bond to its original amount. Wilson’s next court appearance is Jan. 15.

Medical marijuana advocate Nate Bullman helped organized a protest on Wilson’s behalf Wednesday in Daviess County. Bullman said Wilson was within his rights to possess marijuana.

“There is absolutely nothing that Mr. Wilson did when he was pulled over that violated the law,” Bullman said. “He was protected by his card.”

Fisher, the public defender, said Wilson was in possession of just under 8 ounces of pot.

Technically, Wilson didn’t break the law. So why was he locked up on felony charges?

Wilson’s case highlights the contradictory hodgepodge of federal, state and local marijuana laws. And he’s paying a steep price for Missouri’s failure to provide clarity.

Gibson, the prosecuting attorney, said she is not allowed to comment on pending cases, but she acknowledged the legal quagmire that’s playing out as the state continues to implement its voter-approved medical marijuana program.

“I do understand that there’s some ambiguity with the law,” she said.

In Missouri, patients with a valid medical marijuana card are allowed to possess up to 8 ounces of marijuana, according to state officials. Law enforcement officers are not permitted to ask where the marijuana was obtained or request to see a receipt for the purchase of the substance.

The pot does not have to be sealed in packages and can be in the person’s home, vehicle or in their possession.

Apparently, the state highway patrol didn’t get the memo.

This story was originally published December 11, 2019 at 5:00 AM.