Missouri Marijuana Laws
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.
LAW BREAKDOWN
LAW BREAKDOWNS
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.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Up to 10g (first offense) | Misdemeanor | None | $ 500 |
| Up to 10g (second offense) | Misdemeanor | 1 year | $ 2,000 |
| More than 10g – 35 g | Misdemeanor | 1 year | $ 2,000 |
| More than 35 g – 30 kg | Felony | 7 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
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.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Sale, Distribution |
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| 35 g or less | Felony | 4 years | $ 10,000 |
| More than 35 g – 30 kg | Felony | 3 – 10 years | $ 10,000 |
| To a minor | Felony | 3 – 15 years | Twice profit |
| Distribution near school, recreational park or public housing | Felony | 10 – 30 years, or life | Twice profit |
Trafficking |
|||
| Possess or bring into the state more than 30 – less than 100 kg | Felony | 3 – 10 years | $ 10,000 |
| Possess or bring into the state 100 kg or more | Felony | 5 – 15 years | Twice profit |
| Possess or bring into the state 500 plants or more | Felony | 5 – 15 years | Twice profit |
| Distribute, manufacture 30 – less than 100 kg | Felony | 5 – 15 years | Twice profit |
| Distribute, manufacture 100 kg or more | Felony | 10 – 30 years, or life | Twice 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.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 35 g or less | Felony | 4 years | $ 10,000 |
| More than 35 g | Felony | 3 – 10 years | $ 10,000 |
| Near a school | Felony | 5 – 15 years | Twice profit |
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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.
| Offense | Penalty | Incarceration | Max. 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.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession of paraphernalia (first offense) | Misdemeanor | None | $ 500 |
| Possession of paraphernalia (second offense) | Misdemeanor | 1 year | $ 2,000 |
| Unlawful manufacture | Misdemeanor | 1 year | $ 2,000 |
| Commercial purposes | Felony | 4 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
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
Missouri Marijuana Attorneys
The following Missouri lawyers are actively involved in the practice of cannabis law:
