Missouri has had a complex history with marijuana laws over the past decade; it is not really easy to say is marijuana legal in Missouri or not! In 2014, the state passed a very limited medical marijuana law that allowed the use of CBD oil for intractable epilepsy.
However, it wasn’t until 2018 that Missouri voters approved a much broader medical marijuana program through a ballot initiative. This allowed doctors to recommend medical marijuana for any condition they deemed fit.
In 2022, Missouri voters once again went to the polls to decide on recreational marijuana. This time, over 53% voted in favor of Amendment 3, which legalized adult recreational use and removed many past marijuana limitations (so, is recreational marijuana legal in Missouri? YES!). Missouri became the 21st state to legalize recreational marijuana.
However, marijuana is still illegal at the federal level, leading to conflicting laws. This has created confusion around exactly what is legal and illegal when it comes to marijuana use, cultivation, sales, and more in Missouri. Let’s break down the marijuana penalties.
Marijuana Penalty Laws in Missouri
Missouri has decriminalized possession of small amounts of marijuana. How much marijuana can you buy in Marijuana? The answer is in Missouri, any customer aged 21 and older with a valid ID can purchase up to 3 ounces (which would be around 85 grams) of marijuana flower in a single transaction. Additionally, individuals can legally possess up to 3 ounces of dried, processed marijuana or its equivalent.
Under Missouri law, adults aged 21 and over are allowed to possess up to 3 ounces of marijuana legally. Possessing amounts exceeding this limit without proper authorization (e.g., a medical marijuana card that allows for higher possession limits) can lead to penalties.
Following the legalization of recreational marijuana, the legal framework has adjusted, but it still imposes strict penalties for possession amounts exceeding legal limits. Possession of over the allowed 3 ounces but less than 35 grams above the limit generally results in a fine rather than criminal charges. Possession of significantly more can lead to misdemeanor or felony charges, depending on the amount.
Here’s a breakdown of how penalties can escalate based on the amount of marijuana involved:
Weed Possession Beyond the Legal Limit
- Exceeding but Close to the Limit (over 3 ounces up to 35 grams):
- This scenario is often treated as a minor violation, typically resulting in a fine. It does not usually lead to jail time or a criminal record for first-time offenders.
- Moderate Overlimit (over 35 grams up to 100 grams):
- Possession of marijuana in this range may be charged as a misdemeanor. Penalties can include fines and potential jail time, especially if there is evidence of intent to distribute. First-time offenders might have options for probation or diversion programs.
- Significant Overlimit (over 100 grams up to 500 grams):
- This amount of marijuana possession is typically treated as a more serious misdemeanor or even a low-level felony, particularly for repeat offenders or if combined with other aggravating factors (like possession near a school). Penalties can include larger fines and longer jail sentences.
- High Volume (over 500 grams):
- Possession of marijuana exceeding 500 grams is likely to be charged as a felony with severe penalties. This may include lengthy prison sentences and substantial fines. This level of possession often implies intent to distribute or traffic, resulting in more aggressive prosecution.
Additional Considerations
- Proximity to Schools or Minors: Penalties can be more severe if the possession occurs near a school or involves minors.
- Prior Convictions: Individuals with prior drug convictions may face harsher penalties under Missouri law.
- Intent to Distribute: Carrying large amounts of marijuana, especially packaged in a manner consistent with distribution, can elevate charges to trafficking or distribution, which carry much more severe consequences than simple possession.
If you’re caught smoking or possessing weed, you could receive a fine of up to $150. However, you’ll have the option of attending up to four hours of drug education or counseling instead.
Is it Legal to Grow Marijuana in Missouri? Cultivation Rules
Missouri residents can grow marijuana with the proper licensing. Adults can grow up to six flowering plants at home in Missouri under Amendment 3, which legalized recreational marijuana use.
It is very critical to know that cultivating more plants than allowed or without a license can result in severe penalties, including fines and potential jail time.
Recreational Cultivation
- Licensing: Individuals wishing to grow marijuana at home for recreational use must obtain a home cultivation license from the Missouri Department of Health and Senior Services (DHSS). This license must be renewed annually.
- Plant Limits: How many marijuana plants can i grow in Missouri? Licensed individuals are allowed to cultivate up to six flowering marijuana plants at any given time. Additionally, they may have six non-flowering plants (in the vegetative state) and six clones (young plants not yet in the vegetative state).
- Security Requirements: Cultivation areas must be enclosed, locked, and out of public view. This is to prevent unauthorized access and ensure the grow area does not attract attention from the public.
- Residency: Only Missouri residents can apply for a cultivation license, and they must cultivate the plants at their place of residence.
Medical Cultivation
- Medical Cultivation Card: Patients and caregivers who are registered under the Missouri medical marijuana program may apply for a medical cultivation card, which allows them to grow plants for medical use.
- Increased Limits: Medical growers are permitted to cultivate up to six flowering plants, six non-flowering plants, and six clones per patient. If a caregiver is growing on behalf of multiple patients, these limits may increase accordingly.
- Designated Cultivation Space: Similar to recreational cultivation, the growing area must be enclosed, locked, and not visible to the public. It must also be declared in the application for a cultivation card.
Prohibitions and Penalties
- Exceeding Plant Limits: Cultivating more plants than authorized by your license or card can lead to significant penalties, including fines and possible criminal charges.
- Sale of Home-Grown Marijuana: Selling marijuana grown at home is illegal, regardless of whether it’s grown for medical or recreational purposes. All sales must occur through licensed dispensaries.
- Unlicensed Cultivation: Engaging in the cultivation of marijuana without the appropriate license or card is considered illegal and is subject to criminal penalties.
Sales and Distribution Laws
While it is legal for licensed dispensaries to sell marijuana in Missouri, unlicensed sale and distribution are illegal and subject to serious penalties.
- Unlicensed Sales: Selling marijuana without a license is a criminal offense and can lead to felony charges, particularly if the amount involved is substantial.
Medical Marijuana
Missouri legalized medical marijuana in 2018 through a ballot initiative known as Amendment 2. This amendment allows patients with qualifying medical conditions to obtain a medical marijuana card from the state health department. To qualify for medical marijuana, patients must be diagnosed with one of the following conditions:
- Cancer
- Epilepsy
- Glaucoma
- Intractable migraines
- Chronic medical conditions that cause severe, persistent pain or persistent muscle spasms
- Debilitating psychiatric disorders including PTSD, autism, Alzheimer’s, and Parkinson’s
- HIV/AIDS
- Chronic medical conditions that produce cachexia, wasting syndrome, severe or chronic pain, severe nausea, seizures, or severe muscle spasms
- Any terminal illness
- Any other chronic, debilitating or other medical condition that may be alleviated by marijuana as approved by a physician
Patients must get a certification from a licensed physician that they have a qualifying condition. This certification is submitted during the application process for a medical marijuana card through the Missouri Department of Health and Senior Services. If approved, the patient will receive their medical marijuana card in the mail. This card allows them to purchase medical marijuana from licensed dispensaries in Missouri. Patients can possess up to a 60-day supply, defined as 5 ounces of dried flower or the equivalent amount of other marijuana products.
Driving Under the Influence of Marijuana
Driving while under the influence of marijuana is illegal in Missouri, as it is in all states. DUI laws apply to all substances that impair a driver’s ability to operate a vehicle safely, including marijuana.
- Penalties for Marijuana DUI: Penalties can include fines, license suspension, and even jail time, especially for repeat offenders or if the DUI results in an accident.
Always Look For Legal Facts
When navigating marijuana laws in Missouri or any other state, it’s crucial to rely on credible and official sources for the most accurate and up-to-date information. For those looking to verify legal facts, understand regulations, or stay informed about changes in cannabis laws, here are some legal and authoritative sources to consider:
1. Missouri Department of Health and Senior Services (DHSS)
- Website: health.mo.gov
- Function: The DHSS oversees the implementation of Missouri’s medical marijuana program. Their website provides detailed information on patient registration, cultivation licenses, and comprehensive FAQs about medical marijuana use and regulations in Missouri.
2. Missouri Secretary of State’s Office
- Website: sos.mo.gov
- Function: This office publishes all state regulations and laws, including those related to marijuana. They provide access to the Missouri Code of State Regulations and the Revised Statutes of Missouri, where you can read the exact legal text pertaining to cannabis.
3. Missouri Legislature
- Website: house.mo.gov and senate.mo.gov
- Function: These websites offer resources for tracking bills and legislative actions related to marijuana laws. They also provide contact information for state legislators, who can be a resource for more information on current and upcoming legislation.
4. NORML (National Organization for the Reform of Marijuana Laws)
- Website: norml.org
- Function: NORML is a nonprofit lobbying organization working to legalize marijuana at the state and federal levels. Their Missouri section provides updates on legal issues, advocacy opportunities, and summaries of the state’s cannabis laws.
5. Municipal Websites
- Function: For local cannabis regulations, which can vary from one city or county to another, it’s important to check municipal websites. These sites often have sections dedicated to local laws and ordinances, which include zoning laws for dispensaries and public consumption rules.
Using these sources ensures that you’re getting reliable information directly from the agencies that enforce and interpret the laws. Always make sure to verify the information through multiple sources if possible, especially for complex legal matters like cannabis regulations.
FAQ
Is weed legal in Missouri?
Yes, marijuana for both medical and recreational use is legal in Missouri. Adults over the age of 21 can legally purchase and possess marijuana within the state limits.
What are the possession limits for marijuana in Missouri?
Adults aged 21 and over are allowed to possess up to 3 ounces of marijuana. Medical patients may be allowed to possess more, depending on their healthcare provider’s recommendations.
Can you grow your own marijuana in Missouri?
Yes, with the proper licenses, residents can grow up to six flowering marijuana plants at home. This applies to both medical and recreational cultivators, with additional stipulations for security and privacy.
Where can I buy marijuana in Missouri?
Marijuana can be purchased from licensed dispensaries across the state. These dispensaries cater to both medical and recreational users, offering a variety of cannabis products.
What should I know about driving with marijuana in Missouri?
Driving under the influence of marijuana is illegal in Missouri. It’s also important to store marijuana in a sealed container away from the driver’s reach when transporting it in a vehicle.
Are there any restrictions on where you can consume marijuana in Missouri?
Public consumption of marijuana is prohibited in Missouri. It is recommended to consume marijuana privately on properties where the owner has given consent.
What happens if you’re caught with more than the legal amount of marijuana?
Possessing more than the legal amount can result in fines and possible jail time, depending on the quantity and whether it’s deemed for personal use or intent to distribute.
How do I get a license to grow marijuana at home in Missouri?
Residents must apply for a home cultivation license through the Missouri Department of Health and Senior Services, which needs to be renewed annually.
What are the penalties for selling marijuana without a license in Missouri?
Selling marijuana without a license is illegal and is typically treated as a felony, which can result in significant fines and imprisonment.
Can you use marijuana on rental properties in Missouri?
Usage of marijuana on rental properties depends on the rules set by the landlord or property management. It’s crucial to check with them and review the lease agreement before consuming marijuana on rental premises.
Is weed legal in St. Louis?
Yes, weed is legal in St. Louis, Missouri, for both medical and recreational use. Adults aged 21 and older are allowed to purchase and possess marijuana within the state-defined limits.
Can you smoke weed in public in Missouri?
No, smoking weed in public is illegal in Missouri. Marijuana use is restricted to private properties where the owner has given permission. Public consumption can lead to fines and other penalties.
How many plants can I grow in Missouri?
In Missouri, individuals who have obtained the appropriate licenses can grow up to six flowering marijuana plants at home. Additionally, they can maintain six non-flowering plants and six clones. This applies to both recreational and medical marijuana growers, but the area must be enclosed, locked, and out of public view.
