Marijuana Laws, Missouri, Kansas, And Federal


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Depending on where you live in the United States will determine your access to both recreational and
medicinal marijuana. Currently, 10 states and the District of Columbia allow adult recreational use while
33 states permit medical usage of marijuana. Further, each state has its own restrictions concerning the
amount of ounces of marijuana a person can have in his or her possession, to the type of cannabis that
is permissible such as concentrates. Some states have even gone as far as regulating the consumption of
edibles and granting grower’s licenses to those living outside the area of a marijuana dispensary. These
divergent state laws are a cause of confusion to citizens and the courts have remained inconsistent in its
Despite state laws and even ballot referendums making marijuana legal, these laws are contradictory to
how federal marijuana is regulated. Under federal law, marijuana is classified as controlled substance
and it is illegal to distribute, cultivate, possess or use it. The United States Supreme Court in the 2005
case, Gonzales v. Raich, allows for the federal prosecution of violations concerning marijuana even if it is
legalized in the state where it is seeking prosecution. In that 6-3 decision, the Court indicated that the
commerce clause of the Constitution allows Congress to regulate interstate drug markets and the only
way to do it effectively is to regulate this market at the state level.
Currently, there is talk amongst representatives and senators in the United States Congress of
introducing a law that would allow states to supersede federal law. Unless the Controlled Substances
Act is revisited by the legislative branch, which classifies marijuana as a schedule 1 drug along with
heroin and LSD, state law must always adhere to federal law because of the Supremacy Clause of the
Constitution. This preemption allows federal law to prevail when there are state laws in contradiction
with it.

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Criminal Defense, Kansas City

The DUI Process In Missouri


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If you are facing a DUI or DWI charge in Kansas City, it is important to note the fact that the state of Missouri processes these offenses administratively as well as criminally. Administrative actions differ from criminal or court actions, and if you are facing these types of charges, you should be aware of these differences.

Generally speaking, an administrative action relates to rules and regulations that government agencies make, enact, and enforce. Conversely, criminal or court actions relate to charges made by a particular state with the goal of enforcing a specific criminal law or statute within that state. The main difference between the two is where the action originates and who enforces it. With administrative actions, the originator and enforcer is a certain government agency, while with criminal or court actions, the originator and enforcer is the state itself.

When it comes to the specifics of handling a DUI or DWI, there are a few key differences between the possible criminal and administrative actions that could be taken. If you are charged with a DUI or DWI, the criminal action taken will be in regard to the ticket issued as a result of the offense. According to the Missouri Department of Revenue, “If you are convicted of an alcohol offense, the court sends a copy of the conviction to the department, and the proper points are assessed to your driver record”. Any points accrued as a result could lead to a suspension or revocation of your driving privilege.

You will also face an administrative action that is administered by the Missouri Department of Revenue. This is a separate action that will take place automatically, regardless of if the ticket you received is disposed of or reduced by the criminal court. This action requires that your driving privileges be suspended or revoked if you refuse to take a blood alcohol content test or if you do take a test and it is discovered that your blood alcohol content is over the legal limit.

If an administrative action is being taken against you as a result of a DUI or DWI, you will receive a Notice of Suspension/Revocation of Driving Privilege, also known as Form 2385. After you receive this notice, you have a fifteen day window in which you may request an administrative hearing. If the hearing results in your driving privilege being revoked or suspended, you are eligible to petition the circuit court to review your case.

If you are in the Kansas City area, and you are facing a DWI or DUI, it is important that you consult with a defense attorney about your case. A criminal lawyer can help to walk you through the process of dealing with any actions taken against you. A case of this nature can be overwhelming when it comes to managing the details of two separate actions administered by two separate systems. Enlisting the help of a defense attorney can ensure that every element of your case is properly handled.