Missouri Marijuana Laws

Missouri marijuana laws allow both medical and recreational use, approved by voters through Constitutional Amendments. Medical marijuana was legalized in November 2018, followed by recreational use in November 2022. The state’s Department of Health and Senior Services regulates both, ensuring compliance with possession, cultivation, and distribution laws.

Before legalizing recreational cannabis sales, most states approve medical marijuana first. The state of Missouri is no exception in this case.

Missouri voters approved Missouri Constitutional Amendment 2 and the right to access medical marijuana on November 8th, 2018. One month later, it went into effect as Article XIV, granting the Missouri Department of Health and Senior Services (DHSS) the authority to regulate and license medical marijuana in Missouri for qualifying patients with medical conditions.

The medical use program became a resounding success. Four years to the day later, voters again changed the face of cannabis use in Missouri, voting in Missouri Constitutional Amendment 3.

This opened the door for recreational use in the state, but there are still laws and regulations that must be obeyed.

In this article, we'll learn about staying on the right side of law enforcement, what the legal limits are, and how Missouri benefits from a robust cannabis trade. Read on for a deep dive into Missouri Marijuana laws.

Use, Purchase, and Possession/Cultivation of Marijuana

Legal marijuana in Missouri is a complex and ever-evolving subject. Knowing how to enjoy cannabis products while staying within legal boundaries can keep you out of trouble.

Use of Marijuana in Missouri

To begin, keep in mind that it's illegal to use cannabis products in public in Missouri. This was included in the legislation that legalized medical marijuana use. It applies to medical marijuana patients as well.

Cannabis use is also not permitted in a motor vehicle while it is moving or parked in a public space. Driving under the influence of marijuana carries the same penalties as an alcohol-caused DUI charge.

As marijuana is classified as a Schedule I drug at the federal level, it's also prohibited in any federal parks or other properties. While there have been attempts to get marijuana a different classification, so far, it has not passed.

Adult-use recreational marijuana is legal in Missouri for those above 21 years of age. Medical marijuana is available to those under the age of 21 with a physician's referral and, if they're under 18, with parental approval. Applications are available on the DHSS website.

Purchase of Marijuana in Missouri

Adult-use customers can purchase flowers, edibles, and other marijuana products at any of Missouri's licensed dispensaries. You must present a government-issued photo ID, such as a driver's license.

  • Recreational buyers are limited to 3 ounces at a time, which is also the amount they're legally permitted to carry.
  • Medical marijuana patients and their caregivers are allowed 6 ounces every 30 days, although this can be increased by a doctor's recommendation.

Edibles with more than 10mg of THC must bear a symbol indicating this dosage, which is the letters THC inside of a diamond. The packaging must show this as well.

Marijuana purchases are subject to a state tax of 6% for adult use and 4% for medical cannabis. This is in addition to sales tax. Municipalities can add a charge as well, up to 3%. For example, you'll pay this extra 3% if you buy at a dispensary in St. Louis.

A percentage of the funds gathered by the state from marijuana sales goes to the Missouri Veterans Commission (MVC). In the first year of the program, more than $27 million was allocated to the MVC.

Dispensary sales and inventory movement are tracked by the Missouri Marijuana Enforcement Tracking Reporting & Compliance (METRC) system, which works with the Medical Marijuana Regulatory Program (MMRP) as well. This helps the Medical Marijuana Regulatory Program (MMRP).

Possession and Cultivation of Marijuana in Missouri

As mentioned before, you are allowed to possess 3 ounces of marijuana. If you have more, a first-time conviction may incur a fine of $500. Repeated offenses will increase the fine amount and the possibility of jail time.

Possession of any amount over 3 ounces may be charged as possession with intent to distribute, which is a felony.

Both adult-use marijuana users and medical marijuana patients can apply for a license with DHSS to grow marijuana for personal use. If approved, you are permitted to cultivate the following:

  • Six flowering cannabis plants
  • Six immature cannabis plants
  • Six cannabis plants no larger than 14 inches (sometimes called "clones")

They must be grown in a single enclosed, locked facility and bear a tag identifying the person registered to cultivate them. Caregivers with more than one patient may have up to 24 flowering plants and 24 immature plants.

Expungement of Marijuana Convictions in Missouri

One of the side-effects of marijuana being legalized in Missouri was that the lawmakers also decreed that those convicted under the laws that no longer apply should have their criminal records expunged.

As of January 2024, more than 100,000 convictions had been removed from court records as the state moves through non-digitized records.

Missouri Marijuana Law Penalties

The following chart provides additional details about the punishments associated with Missouri's marijuana laws. For additional information, consult FindLaw's Drug Charges section.

Note that anyone found guilty of a felony offense relating to controlled substances who is later found guilty of a Class C, D, or E felony will be sentenced to one class higher than the offense.

Relevant Missouri Marijuana Code Section  195.010, et seq.
Is Marijuana Legal in Missouri? Yes, medical and recreational marijuana are both legal.
Marijuana Illegal Cannabis Possession Penalties  Missouri Constitution Chapter XIV Section 2: Cannabis Possession Statutes
  • Up to 3 oz: Legal
  • Between 3 ounces/85 grams and 6 ounces/170.1 grams - first offense (civil penalty): A fine of up to $250 and forfeiture of the marijuana
  • Between 3 ounces/85 grams and 6 ounces/170.1 grams - second offense (civil penalty): A fine of up to $500 and forfeiture of the marijuana
  • Between 3 ounces/85 grams and 6 ounces/170.1 grams - third offense (misdemeanor): A fine of up to $1,000 and forfeiture of the marijuana
Over 6 ounces/170.1 grams is often charged as intent to distribute, which is a felony.
Illegal Cannabis Sales/Distribution Penalties  Section 579.020: Delivery of a controlled substance
  • 35 grams or less: Class E felony, up to four years in prison and/or a fine of $10,000
  • 35 grams or less delivered to a person under 17 years old: Class C felony punishable by three to ten years in prison
  • More than 35 grams: Class C felony, three to ten years imprisonment
  • More than 35 grams delivered to a person under 17 years old: Class B felony, punishable by between five and 15 years in prison
  • Sale/distribution of more than 35 grams near a school, recreational park, or public housing: Class A felony, punishable by 10 to 30 years or life imprisonment
Missouri Marijuana Cultivation Limits and Penalties  Section 579.055: Manufacture of controlled substance—penaltiesAdults over 21 years old can grow the following at home for personal use:
  • Six flowering plants
  • Six immature plants
  • Six plants under 14 inches tall
Those who exceed the limit face the following:
  • 35 g or less (class E felony): Up to four years and/or a fine of up to $10,000
  • More than 35 g (class C felony): Between three to 10 years and/or a fine of up to $10,000
  • Near a school (class B felony): Between five to 15 years and/or a fine of twice the profit made
Medical Marijuana Eligible patients may use medical marijuana with a physician's written recommendation; the law allows for cultivation and the establishment of licensed dispensaries. Licensed dispensaries were the first establishments eligible to begin recreational marijuana sales.

Note: State laws are subject to change through the passage of new legislation, rulings in the courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney for advice on how these laws apply to your unique circumstances.

Research the Law

Missouri Marijuana Laws: Related Resources

Get Legal Help With Your Marijuana Charges in Missouri

Exceeding the new legal limits for possession and cultivation in Missouri can have devastating effects on those guilty of marijuana offenses.

If you or a loved one has been charged with a marijuana-related crime in Missouri, it's best to contact a local criminal defense attorney to learn about your rights and options.

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