Missouri Marijuana Laws (2022)

Missouri Marijuana Lawsadmin2022-08-05T09:14:43-07:00

  • Decriminalization

  • Medical Marijuana

Recreational use is illegal in Missouri, but the state has a medical marijuna program in place. Register patients may possess a 60-day supply of dried cannabis not to exceed eight ounces; while possession by the general public is a misdemeanour punishable by a $500 fine. Missouri permits patients to cultivate six flowering plants, six nonflowering plants, and six clones after meeting requirements set by the Department of Health and Senior Services.

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LAW BREAKDOWN

Marijuana is permitted in Missouri only for limited, non-intoxicating medical uses. It is a crime to possess, sell, distribute, traffic, or cultivate the drug for any other reason.

Possession

Simple possession of up to 10 grams, on a first offense, is a misdemeanor punishable by nothing more than a $500 fine. Subsequent offenses are punishable by up to a year in jail and $2,000 in fines.

The penalty for possessing between 10 and 35 grams is a year in jail and a $2,000 fine. It is a felony to possess between 35 grams and 30 kilograms of marijuana, and the maximum penalty is 7 years in prison and $10,000 in fines. Possession of this quantity has historically been considered as intent to distribute.

OffensePenaltyIncarcerationMax. Fine
Up to 10g (first offense)MisdemeanorNone$ 500
Up to 10g (second offense)Misdemeanor1 year$ 2,000
More than 10g – 35 gMisdemeanor1 year$ 2,000
More than 35 g – 30 kgFelony7 years$ 10,000
Possession of more than 35g, but less than 30kg, has often, historically, been charged as intent to distribute.

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Sale, Distribution, and Trafficking

Sale

It is a felony to sell, distribute, or traffic any amount of marijuana in Missouri. Where the amount is less than 35 grams, the maximum penalty is 4 years in prison and $10,000 in fines. For amounts of between 35 grams and 30 kilograms, a mandatory minimum of 3 years applies, and the maximum punishment is 10 years and $10,000 in fines.

Selling to a minor, likewise a felony, comes with a mandatory minimum of 3 years, and a maximum penalty of 15 years plus two times the profit made in fines. There are special penalties for distributing marijuana near a school, recreational park or public housing. In these cases, the prison term is between 10 and 30 years, with the fine again determined by the profit made.

Trafficking

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For bringing quantities of between 30 and 100 kilograms into the state, the penalty is between 3 and 10 years in prison and $10,000 in fines. When more than 100 kilograms or 500 plants are involved, the potential prison term is between 5 and 15 years, and the fine is twice as much as the profit made.

Distribution or manufacture of between 30 and 100 kilograms is punishable by between 5 and 15 years in prison. The potential prison term increases to between 10 and 30 years when the quantity involved exceeds 100 kilograms. Payable fines are twice as much as the profit made.

OffensePenaltyIncarcerationMax. Fine

Sale, Distribution

35 g or lessFelony4 years$ 10,000
More than 35 g – 30 kgFelony3 – 10 years$ 10,000
To a minorFelony3 – 15 yearsTwice profit
Distribution near school, recreational park or public housingFelony10 – 30 years, or lifeTwice profit

Trafficking

Possess or bring into the state more than 30 – less than 100 kgFelony3 – 10 years$ 10,000
Possess or bring into the state 100 kg or moreFelony5 – 15 yearsTwice profit
Possess or bring into the state 500 plants or moreFelony5 – 15 yearsTwice profit
Distribute, manufacture 30 – less than 100 kgFelony5 – 15 yearsTwice profit
Distribute, manufacture 100 kg or moreFelony10 – 30 years, or lifeTwice profit

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Cultivation

Cultivation of any amount of marijuana is a felony in Missouri. If the quantity cultivated is less than 35 grams, the maximum punishment is 4 years in prison and $10,000 in fines. When the amount is more than 35 grams, the prison term is between 3 and 10 years, and $10,000 in fines are possible.

OffensePenaltyIncarcerationMax. Fine
35 g or lessFelony4 years$ 10,000
More than 35 gFelony3 – 10 years$ 10,000
Near a schoolFelony5 – 15 yearsTwice profit

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Hash and Concentrates

There are no special laws regarding possession, sale, distribution, manufacture, or trafficking of hashish or other marijuana concentrates. They are treated the same as dried cannabis flower, with similar weight limits and penalties.

OffensePenaltyIncarcerationMax. Fine
Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

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Paraphernalia

Marijuana paraphernalia is illegal in Missouri unless intended, marketed, and designed strictly for legal use. It is illegal to use, or possess with intent to use, any item that can be used in the production, cultivation, harvesting, processing, testing, analysis, storage, or consumption of marijuana.

On a first offense, possession of paraphernalia is a misdemeanor punishable by no more than a $500 fine. On a second offense, a jail term of 1 year is possible, as well as fines of $2,000.

Unlawful manufacture is a misdemeanor with penalties including a year in jail and $2,000 in fines. When the manufacture is done for commercial purposes, however, the charge is a felony punishable by up to 4 years in prison and $10,000 in fines.

OffensePenaltyIncarcerationMax. Fine
Possession of paraphernalia (first offense)MisdemeanorNone$ 500
Possession of paraphernalia (second offense)Misdemeanor1 year$ 2,000
Unlawful manufactureMisdemeanor1 year$ 2,000
Commercial purposesFelony4 years$ 10,000

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Miscellaneous
Public Nuisance – keeping or maintaining room or building used for manufacture, storage or sale is a Felony punishable by up to 4 years imprisonment and a $10,000 fine.
Prior Drug Offender – if found guilty of any felony offense relating to controlled substances, and, if found guilty of Class C, D or E felony, shall be sentenced to one class higher than the offense.
Persistent Drug Offender – if found guilty of two or more felony offenses relating to controlled substances, and, if found guilty of Class C, D or E felony, shall be sentenced two classes higher than the offense. If found guilty of a Class B felony, the offender shall be sentenced to the term of imprisonment for a Class A felony—10 to 30 years, or life.
Abuse and Lose – Possession of controlled substance results in 90-day suspension of driving privilege if under 21. Persons 21 and over will have driving privilege revoked for one year if found in violation of possession or use of controlled substance while operating a motor vehicle.

MEDICAL MARIJUANA

Missouri voters legalized medical marijuana at the ballot in November 2018. The new law makes it legal for patients to possess and use marijuana for a long list of conditions. The program is not yet operational.

QUALIFYING CONDITIONS:

  • Alzheimer’s disease (agitation related to)
  • Any terminal illness
  • Autism
  • Cancer
  • Crohn’s disease
  • Chronic pain/neuropathy
  • Epilepsy
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS or cachexia or wasting syndrome
  • Huntington’s disease
  • IBS
  • Intractable migraines
  • Lou Gehrig’s disease
  • Multiple Sclerosis
  • Opioid substitution
  • Parkinson’s disease
  • PTSD or other “debilitating psychiatric disorders”
  • Tourette syndrome
  • Sickle cell anemia
  • Seizures
  • Any “other chronic, debilitating or other medical condition” that may be alleviated by marijuana “in the professional judgement of a physician”

PATIENT POSSESSION LIMITS:
Patients are permitted to purchase up to 4 ounces per 30 days. The Department of Health could place limits on the quantity of marijuana possessed, “provided that the limit is not less than a 60 days supply.”

HOME CULTIVATION:
Yes, patients are allowed to cultivate up to 6 flowering plants at any one time, as long as they are in a “closed, locked facility.” Qualifying patients must obtain an ID card from the Department of Health.

STATE-LICENSED DISPENSARIES:
Yes

CAREGIVERS:
Yes, a primary caregiver must be at least 21 years of age and registered with the Department of Health. A caregiver may serve a maximum of three patients.

RECIPROCITY:
No

(Video) Missouri Marijuana Laws for Home Cultivation and Medical Use in 2021

Missouri Marijuana Laws (7)

Missouri Marijuana Attorneys

The following Missouri lawyers are actively involved in the practice of cannabis law:

Missouri Marijuana Laws (8)

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FAQs

Missouri Marijuana Laws? ›

Patients or caregivers may purchase medical marijuana from a Missouri licensed dispensary upon presentation of a DHSS-issued ID card. Qualifying patients or their caregivers may purchase up to four ounces of dried, unprocessed marijuana, or its equivalent, in a 30-day period.

Can you go into a dispensary in Missouri without a card? ›

No. Licensed dispensaries may accept only Missouri-issued cards, and any patients cultivating marijuana in Missouri must do so in accordance with all the provisions in 19 CSR 30-95.030.

How many grams of marijuana can I buy in Missouri? ›

Monthly Purchase Limits - Qualified patients are allowed to purchase up to 4 oz. (32 MMEs) of compliant product per month. A common purchase quantity of marijuana is 3.5 grams which is equal to 1 MME. This means that 1 MME is also equivalent to 1 gram of marijuana concentrate or 100 mg of THC infused product.

Can you purchase recreational marijuana in Missouri? ›

The constitutional amendment gives the Missouri Department of Health and Senior Services the power to set rules regulating the amount of recreational marijuana a person can purchase at one time as long as the limit is above three ounces.

How do dispensaries work in Missouri? ›

Adult-use or recreational cannabis is illegal in Missouri, and medical marijuana is legal only for patients with a qualifying condition. To operate in compliance with DHSS regulations, dispensaries must use a certified seed-to-sale system to track inventory and report to the state.

Do dispensaries track how much you buy Missouri? ›

It's your dispensary's responsibility to communicate your purchase amounts with the state's tracking system, METRC. Dispensaries will work with METRC to ensure that you do not exceed your purchase limits for any 30-day period.

Does Missouri have any dispensaries? ›

JEFFERSON CITY, Mo. – Missouri opened its first medical marijuana dispensary last October and now there are more than 140 across the state, with more to come. The state's medical cannabis industry employs roughly 5,000 people.

Is Delta 8 legal in Missouri? ›

Long story short, delta 8 THC is legal in Missouri. Missouri has been a progressive state in terms of laws surrounding marijuana. In 2018 the state introduced House Bill 2034, which officially removed hemp and any of its derivatives from the list of controlled substances.

Does Missouri accept out of state medical cards? ›

Unfortunately, Missouri does not practice reciprocity. Of these states, only Nevada, Maine, and D.C. allow out-of-state patients access to dispensaries. In order to legally purchase medical marijuana from a dispensary, the out-of-state cardholder must: Have a valid, up-to-date, medical marijuana card from home state.

Where can I smoke with my medical card in Missouri? ›

Residents with a medical marijuana card may use cannabis in private settings. That means you can smoke in your tent or RV with no problem. Just make sure to bring your card, and double check that you're in a state park and NOT a federal one.

Can I buy edibles online in Missouri? ›

Medical cannabis is legal in Missouri, if you get a medical cannabis prescription you can shop in a Show Me State dispensary. To help you get cannabinoids at home, we have partnered with hempshop, an online dispensary that can ship flower, vapes, and edibles with both Delta-8 and Delta-9 THC and CBD.

Who can enter a Missouri dispensary? ›

Patients or caregivers may purchase medical marijuana from a Missouri licensed dispensary upon presentation of a DHSS-issued ID card. Qualifying patients or their caregivers may purchase up to four ounces of dried, unprocessed marijuana, or its equivalent, in a 30-day period.

Can you get a temporary medical card in Missouri? ›

This temporary card gives patients access to in-state dispensaries for up to 30 days. For more information on using your medical marijuana card in other states, read this.

How long does it take to get Missouri medical card? ›

The department has 30 days to process patient and caregiver applications; applications are processed in the order they were received. All applicants will be contacted when the application is processed.

How much does medical Marijuanas cost in Mo? ›

Alyssa Jank, a manager at the cannabis market research firm Brightfield Group, said Missouri dispensary prices are in line with Illinois' recreational market, averaging between $50 and $60 for an eighth of an ounce of cannabis.

What illness qualifies for medical Marijuanas? ›

What conditions can cannabis-based medicines be used to treat?
  • Adults with nausea or vomiting caused by chemotherapy.
  • People with muscle stiffness and spasms caused by multiple sclerosis (MS).
  • Children and adults with rare, severe forms of epilepsy.
Apr 28, 2021

Where can I smoke with my medical card in Missouri? ›

Residents with a medical marijuana card may use cannabis in private settings. That means you can smoke in your tent or RV with no problem. Just make sure to bring your card, and double check that you're in a state park and NOT a federal one.

Do I need to live in Missouri to get a medical card? ›

Age and Residency

You must primarily live in Missouri, and provide proof of residence with a state ID, utility bill or DMV registration. If the patient is a nonemancipated youth under the age of eighteen (18), the parent or legal guardian must provide written consent at time of visit.

Can I own a gun if I have a medical card in Missouri? ›

In Missouri, if you become a medical cannabis cardholder, you will not be able to purchase any firearms from a federally licensed gun dealer or other source of firearm sales. However, you are not required to surrender any guns currently in your possession.

Videos

1. Recreational cannabis expected to be on the ballot in Missouri in November
(KSDK News)
2. Push to legalize recreational pot in Missouri
(FOX 2 St. Louis)
3. Two petitions filed to legalize recreational marijuana in Missouri
(41 Action News)
4. Marijuana bill in Missouri gets push back from advocates
(KCTV5 News)
5. Getting a Medical Card in Missouri - Pot Lawyer Explains Amendment 2 Basics
(Aimee the Attorney)
6. How will KS handle MO's new medical pot law?
(41 Action News)

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