Local officials say state statutes make work difficult

Local officials say numerous state statutes leave law enforcement in the lurch.

Mark Welker,Cape Girardeau County prosecuting attorney

Mark Welker,Cape Girardeau County prosecuting attorney

Mark Welker, Cape Girardeau County prosecuting attorney, and Wes Blair, Cape Girardeau Police Department chief, spoke before the Cape Girardeau City Council during a study session Thursday, Feb. 9. Toward the end of the meeting, the pair — along with a few officers from the police department — said that a few state laws — or lack of — hamper their ability to effectively do their jobs.

Marijuana

The approval of Amendment 3 — legalizing recreational marijuana — by Missouri voters last fall added dozens of pages to the state constitution but left little guidance for enforcement, Welker and Blair said.

"The amendment says that a juvenile or someone under the age of 21 cannot be carrying marijuana, but do you know what the penalty for that is?" Blair said, pausing for a few seconds. "Yeah, there's not one."

According to the amendment text, anyone younger than 21 can be subject to a civil penalty up to $250. Blair said that there is really no penalty then for the crime. It could also lead into the Senate Bill 5 issue, which Blair has cited as a point of frustration previously.

The 2015 law limited the possible municipal fine amount to $300 or less and states no one can be jailed for not being able to pay a fine. Blair said it essentially forces the City of Cape Girardeau to levy fines they have no way of collecting for "quality of life crimes."

The passage of recreational marijuana repealed the cannabis portion of the controlled substances act. There has not been subsequent legislation to replace missing language regarding minors in possession.

"You have a minor in possession of alcohol (statute) that they can mirror, but they have not done that," Welker said.

The prosecuting attorney added that if a minor is arrested for possessing marijuana, at this time, there is no state statute he can file the arrest under — even though the amendment states it's illegal.

"It's kind of left us in this gray area of 'I can't do anything,'" the prosecuting attorney said.

The loophole can only be closed by state legislators.

Second Amendment Preservation Act

Blair has been an outspoken critic of the limits on local law enforcement created by Missouri's staunchly pro-gun Second Amendment Preservation Act, which states Missouri only recognizes the Second Amendment to the U.S. Constitution and the Missouri Constitution when it comes to gun laws.

Missouri law enforcement agencies are prohibited from working with federal agencies on gun crimes. The state also does not recognize several gun control acts passed by Congress as far back as 1934.

"I am not opposed to people having guns or people being allowed to carry guns," Blair said. "I am opposed to being told we cannot work with our federal partners on gun crimes or we are breaking the law."

The act was passed in the summer of 2021. At the time, state Sen. Holly Thompson Rehder and area Reps. Jamie Burger, Barry Hovis and Wayne Wallingford all voted in favor of the legislation.

Blair said the police department has been able to find work-a-rounds for the act but he is still not sure what is classified as "material help" toward federal law enforcement.

"If the federal government subpoenas us for a case, I'm not gonna tell the federal government, grand jury, 'No, we're not gonna give you information.'" Blair said. "Because I don't want to sit in a federal prison either."

The chief said it has created a rift in the system — not necessarily with local agents.

Th act bans any public officer or employee of Missouri from "enforcing any infringements" on Missourian right to bear arms. The vagueness of the language can limit the police department from providing any support to federal agents, Blair said, such as allowing them to have conversations about a potential raid in the police department parking lot.

He's not for lawmakers repealing the entire act, he said, but he would like some wiggle room to work with federal agencies.

Welker said Second Amendment Preservation Act is more likely to be strengthened by the state legislature.