Missouri Cannabis Laws & Penalties in 2024

Key Takeaways

Weed is legal for any adult aged 21 or over in Missouri, and you can possess up to 3 ounces of cannabis, available from dispensaries.
For up to twice the allowed amount (presently 6 ounces), it’s decriminalized with a civil penalty of $250 or less.
Medical marijuana has been legal in Missouri since 2018, and the 30-day purchase limit for patients is now 6 ounces (increased from 4).

Weed is legal in Missouri for both recreational and medical use, following the passage of Amendment 3 in November 2022.

From December 8, 2022, all adults aged 21 or over can legally possess up to 3 ounces of marijuana, and recreational home cultivation applications have been accepted since February 6, 2023.

Medical marijuana is also legal in the state, and with the passing of the new Missouri weed laws, patients’ allowance has been increased from 4 to 6 ounces per month.

Here’s everything you need to know about marijuana in Missouri.

Is Weed Legal in Missouri?

Weed is legal for both recreational and medical use in Missouri. From December 8^th, 2022, adults aged 21 or over can legally possess up to 3 ounces of weed.

Is Recreational Weed Legal in Missouri?

Weed is legal in Missouri for recreational purposes following the passage of Amendment 3 by public vote. The vote passed on November 8^th, 2022, with 53% of the vote.

Any adult aged 21 or over is legally allowed to possess up to three ounces of marijuana in Missouri, with most of the provisions coming into force a month later, on December 8^th, 2022.

In short, Missouri has legalized cannabis as of late 2022.

Penalties for Possession of Excess Marijuana

Although marijuana is now legal in Missouri, there are still punishments if you possess more than the permitted amount.

These have been reduced for small – but still illegal – amounts, but then the law defaults to the old system for higher amounts.

For less than 6 ounces (in the law, literally “twice the amount allowed”), the punishment for a first offense is a civil penalty of $250 or less, as well as forfeiture of the marijuana.
For a second offense, the fine can be up to $500.
For a third offense, it can reach $1,000.
For a higher amount, the law considers it a class D felony, and it’s punishable by up to 7 years imprisonment and a fine of up to $10,000.

Is Medical Marijuana Legal in Missouri?

Medical marijuana is legal in Missouri, following the passage of Amendment 2 in 2018.

The amendment passed with 65.6% of the vote, and established the Missouri medical marijuana program in the process.

This replaced an older bill that was focused on low-THC, high-CBD extracts for people with epilepsy.

However, the newer bill is more like a traditional medical marijuana bill, expanding the number of conditions it can be used for and making flower available on the program.

Patient Possession Limits

Until voters passed Amendment 3 in 2022, the purchase limit under the Missouri medical marijuana program was 4 ounces per month, with a possession limit based on a 60-day supply for the patient.

However, with the marijuana legalization bill having passed, this was increased to 6 ounces as a monthly purchase limit.

There is no difference in terms of possession limits – since a 60-day supply is still your maximum – but the law has been relaxed since full legalization.

How to Get a Medical Marijuana Card in Missouri?

The process for getting a medical marijuana card in Missouri is basically the same as in other states. In short, though, as in most states, you need to visit a licensed physician and be diagnosed with one of the qualifying conditions.

Quoting directly from state law, these are:

(A) Cancer;
(B) Epilepsy;
(C) Glaucoma;
(D) Intractable migraines unresponsive to other treatment;
(E) A chronic medical condition that causes severe, persistent pain or persistent muscle spasms, including, but not limited to, those associated with multiple sclerosis, seizures, Parkinson’s disease, and Tourette’s syndrome;
(F) Debilitating psychiatric disorders, including, but not limited to, post-traumatic stress disorder, if diagnosed by a state licensed psychiatrist;
(G) Human immunodeficiency virus or acquired immune deficiency syndrome;
(H) A chronic medical condition that is normally treated with a prescription medication that could lead to physical or psychological dependence, when a physician determines that medical use of marijuana could be effective in treating that condition and would serve as a safer alternative to the prescription medication;
(I) Any terminal illness; or
(J) In the professional judgment of a physician, any other chronic, debilitating or other medical condition, including, but not limited to, hepatitis C, amyotrophic lateral sclerosis, inflammatory bowel disease, Crohn’s disease, Huntington’s disease, autism, neuropathies, sickle cell anemia, agitation of Alzheimer’s disease, cachexia, and wasting syndrome

One important thing to note is that item (J) essentially gives physicians the ability to determine what constitutes an appropriate use for marijuana, in addition to the specific conditions listed. In other words, if it’s a problem and weed could help, you might be able to get your medication through the program. If your physician agrees marijuana is appropriate for your condition, then he or she will submit the physician certification form, but you’ll also need to attach it with your application.

After this has been sent, you can start your application. You’ll need a legible copy of a government-issued ID card (proof of residence is no longer needed), a passport-style photograph and $50 (plus adjustments for inflation) for the application fee. You can then apply online, and your card will be valid for three years.

Can You Consume in Public?

Public consumption of marijuana is not permitted in Missouri. The state’s weed law states that smoking marijuana in public carries a civil penalty of $100 or less.

Can You Drive Under the Influence?

As in every state, it’s a crime to drive while under the influence of marijuana in Missouri.

The law simply states that it’s a crime to drive while intoxicated, so while this isn’t “zero tolerance,” it’s illegal to be intoxicated for any reason.

The state also has an implied consent law, so by driving on the state’s roads you’re deemed to already have consented to testing of your blood, urine, breath and saliva for the presence of alcohol or drugs. If you refuse, your license will be suspended for one year and your refusal is admissible as evidence in your DUI case.

For the DUI itself, the punishments are:

For a first offense, it’s considered a class B misdemeanor. This is punishable by up to 6 months imprisonment, a requirement to complete a substance abuse traffic offender program, and 30 days’ license suspension.
For a second offense (within 5 years), it becomes a class A misdemeanor. The maximum jail term increases to 1 year (5 days mandatory minimum), the fine can be up to $1,000, the offender’s license will be suspended for 2 years, and the individual will get 30 days of community service.
For a third offense (at any time), it is a class E felony. This increases the jail time to a maximum of four years (5 days mandatory minimum), fines can reach up to $5,000, the offender’s license will be revoked for 3 years and they’ll have to do 60 days of community service.
For a fourth offense, it becomes a class D felony. The maximum jail time increases to 7 years (60-day mandatory minimum), fines can reach up to $5,000 and the offender’s license will be revoked for three years.
For a fifth offense, it’s a class C felony. Offenders will be imprisoned for between 3 and 10 years, and their license will be revoked for three years.
For a sixth or subsequent offense, it’s a class B felony. This can lead to a prison sentence of up to 15 years.

Is Delta-8 THC Legal in Missouri?

Delta-8 THC is legal in Missouri, following the passage of HB 2034 in 2018.

The law defines (page 7, lines 211 to 215) “industrial hemp” as any Cannabis sativa L. plant that has a delta-9 THC content of less than 0.3% (or an amount determined by federal law, if it’s higher than this).

Since it specifies delta-9 THC in the law, the level of delta-8 is not legally limited in Missouri.

The law also explicitly states (lines 218 to 221) that products derived from industrial hemp are included in the definition.

Is Weed Decriminalized in Missouri?

Weed is legal in Missouri up to 3 ounces, and decriminalized up to 6 ounces, as described above.

Since there is only a civil penalty for possessing up to twice your allowed amount, this counts as decriminalization.

For medical patients, the same rule applies, meaning that medical patients essentially have decriminalization for amounts of up to 120 days’ supply. From 2014 up until Missouri’s marijuana legalization, possession of up to 10 grams was decriminalized in state law.

Is Growing Weed Legal in Missouri?

Growing weed is legal for medical patients in Missouri, and is now legal for recreational users with personal cultivation licenses.

The full text of the law states that adults aged 21 or over who register with the Department of Health & Senior Services are permitted to grow 6 mature plants, 6 non-flowering plants (over 14 inches tall), and 6 clones (under 14 inches tall). No more than twice the limit can be grown in a single private residence at one time, no matter how many adults are there.

As in many states, the main rule is that you must keep the plants in a locked space, which is not visible (with normal, unaided vision) to the public.

You can also legally keep any marijuana produced by the plants in excess of three ounces in the same (or an equivalent) location. Punishments for violations of these rules are fines of up to $250 and forfeiture of the marijuana.

The rules for growing as a medical marijuana patient are the same as these. You may only be licensed to grow either as a medical patient or a recreational user, not both.

When Will Dispensaries Open in Missouri?

The first recreational dispensary opened on January 27^th, 2023. In fact, since the state allows existing medical dispensaries to register as recreational sellers too, 97% of licensed medical dispensaries have submitted applications to do just that. New recreational dispensaries will continue to open as the department approves the applications.

Conclusion

Missouri has gone from having just a basic medical CBD program to a state with a full-fledged medical marijuana program and recreational legalization in just five years. Not only do Missouri weed laws allow possession and cultivation for any adult aged 21 or over, but the limits are fairly generous – three ounces possession, for instance – and dispensaries have opened incredibly soon following the vote.

The state looks set to bring in a lot of tax revenue and stoners in the state can finally breathe easy and just live their lives.

Is Cannabis Legal in Missouri?

Lee Johnson