I think possession of firearm while drunk or high equaling unlawful use of weapon is a new Missouri law.
They may not charge him if he did not admit to smoking and did not take a test.
If he was a passenger and not driving, he would have less reason to take a voluntary test since the implied consent law would not apply to the passenger. but the article said the police are applying for warrants, so they may be requesting a court ordered drug test.
It would not be an "unlawful arrest" if the smell was in the air.
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