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possession of marijuana in missouri

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Missouri

Is weed legal in Missouri?

Adult-use, or recreational, marijuana is illegal in Missouri.

Medical marijuana is legal for patients with a qualifying condition. Patients must register with the state to obtain an ID card .

Legislation history

The Missouri Legislature in 2014 passed HB 2238 , which created the Missouri Hemp Extract Registration Program (MHERP). It granted Missouri residents diagnosed with intractable epilepsy a registration card that allowed legal possession, purchase, and use of hemp extract as long as it had no more than 0.3% tetrahydrocannabinol (THC) by weight, included at least 5% cannabidiol (CBD) by weight, and contained no intoxicating substances.

Also in 2014, SB 491 made the first-time offense of possession of 10 grams or less of marijuana a misdemeanor punishable by a fine. Possession of greater quantities is considered a felony.

On Nov. 6, 2018, Missouri voters approved Amendment 2 , a ballot initiative to legalize medical marijuana use as recommended by state-licensed physicians and create regulations for licensing and certification. Amendment 2, the Medical Marijuana and Veteran Health-care Service Initiative, went into effect Dec. 6, 2018.

The Missouri Department of Health and Senior Services (DHSS) administers medical marijuana regulations and processes online applications for patients and caregivers. The state’s 4% tax on retail marijuana sales is dedicated to the Missouri Veteran’s Health and Care Fund.

Regulatory authority

Missouri’s medical marijuana program is administered by the Missouri DHSS .

Where is it safe to purchase cannabis in Missouri?

Patients and caregivers with ID cards from DHSS can purchase medical marijuana from a state-licensed dispensary or have it delivered.

The qualifying patient’s physician may certify up to 4 ounces, or 113 grams, of dried, unprocessed marijuana or its equivalent in a 30-day period. For possession limits, 1 ounce, or 28.35 grams, of dried, unprocessed marijuana is equivalent to 8 grams of medical marijuana concentrate or 800 milligrams of THC in infused products.

If a patient possesses an amount of marijuana between the possessor’s legal limit and twice the legal limit, the patient may be fined $200 and have their medical identification card revoked.

All medical marijuana purchased from a dispensary must be in its original packaging.

Where is it safe to consume cannabis in Missouri?

Consumption is only legal in private. Missouri, unlike other states, has a specific provision for property owners to dedicate a consumption space for qualifying patients, who may be accompanied by family, a caregiver, or a physician. Property owners also may limit the use of medical marijuana to non-smokable forms of consumption.

Home cultivation of marijuana in Missouri

Patients with a state-issued medical marijuana identification card and a secure facility may cultivate their own cannabis. Patients must provide the garden’s address, their patient license number, a statement that allows DHSS to inspect the garden, a signature, and payment of fees. Failing to provide access results in the immediate revocation of the license.

All cultivation must take place in an enclosed, locked facility. One patient may have up to six flowering plants, six nonflowering plants taller than 14 inches (35.5 centimeters), and six clones shorter than 14 inches (35.5 centimeters). Two patients may share one enclosed, locked facility. No more than 12 plants may be cultivated in a single space, unless the caregiver is cultivating on behalf of a third patient, in which case they may cultivate a total of 18 plants. The plants must be labeled with the patient’s name, and the cultivation authorization issued by the department must be displayed near the plants.

Medical marijuana registry

Qualifying conditions include:

  • Alzheimer’s disease
  • Amyotrophic lateral sclerosis, or Lou Gehrig’s disease
  • Autism
  • Cachexia, or wasting syndrome
  • Cancer
  • Crohn’s disease
  • Epilepsy
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • Huntington’s disease
  • Inflammatory bowel disease
  • Intractable migraines
  • Neuropathy
  • Post-traumatic stress disorder (PTSD) and other debilitating psychiatric disorders
  • Sickle cell disease
  • Terminal illness
  • Any chronic condition treated with a medication that could lead to dependence
  • Chronic conditions causing severe, persistent pain or muscle spasms including:
    • Multiple sclerosis
    • Parkinson’s disease
    • Seizures
    • Tourette’s syndrome

Providers

Physicians need to complete the physician certification form, which recommends an amount of cannabis and specifies the qualifying condition. It must be uploaded as an attachment to the patient’s application.

Reciprocity

State laws do not allow a patient with an out-of-state medical marijuana card or certification to possess medical marijuana in Missouri.

Lab testing

Licensees are required to have cannabis tested by an independent laboratory. All hemp extract must be tested to meet the maximum potency requirements — less than 0.3% THC by weight, at least 5% CBD by weight, and containing no other psychoactive substances.

Licensing

All growers, manufacturers, processors, retailers, and delivery companies must be licensed by the state. Missouri allows vertically integrated operations. See the FAQ page for updates .

CBD and hemp rules

Is CBD oil illegal in Missouri?

To access CBD oil legally in Missouri, a patient must be approved to participate in the Missouri Hemp Extract Registration Program, commonly called MHERP. Only patients diagnosed with intractable epilepsy are eligible to participate in this program. Patients younger than 18 must register with a parent or guardian.

Patients must apply for a hemp extract registration card allowing the patient to purchase CBD oil from one of two state-licensed facilities. The director’s office of the Division of Community and Public Health oversees the MHERP. Patients also must submit a completed hemp extract registration card indicating that a state-licensed neurologist diagnosed the individual with intractable epilepsy and recommends treatment with hemp extract.

In 2018, the federal Farm Bill removed hemp from the list of controlled substances and effectively legalized hemp and hemp products nationally. Despite this, the MHERP remains in place for medical marijuana patients in Missouri. According to Missouri state authorities who spoke to Weedmaps, all rules and regulations established through the MHERP are intact and operational.

Do you need a prescription for CBD oil in Missouri?

Although a neurologist’s recommendation is not a “prescription,” a recommendation nonetheless functions much the same as a prescription. Patients need one before they can buy CBD oil.

The 2014 Missouri Medical Marijuana Bill requires patients who want to purchase, possess, and consume CBD oil to register first through the MHERP. One key step in signing up for this program is to receive an official evaluation, diagnosis, and recommendation to use CBD oil from a state-approved neurologist.

Before issuing the recommendation, the neurologist must confirm that the patient has intractable epilepsy and that the patient is not responding to at least three treatment options. If all conditions are met, the neurologist may issue the patient a recommendation for the MHERP.

Application process

  • Complete and submit a Missouri Hemp Registration Card application form.
  • Submit a Missouri hemp extract registration neurologist certification form signed by a board-certified neurologist licensed to practice in Missouri, including proof that the physician believes CBD may be useful to the patient.
  • Submit a copy of a valid Missouri state ID card or driver’s license for proof of age and residency.
  • Submit a copy of a record of the neurologist’s evaluation and observation related to the patient’s treatment for intractable epilepsy, along with medical records.

A valid registration card is needed to obtain CBD oil. Cards are valid for one year, and there is no fee to obtain or renew a registration card.

Possession

Patients and their caregivers may not carry more than the legal limit of 20 fluid ounces, or 591.5 milliliters, of low-THC hemp extract. However, if a Missouri physician has signed a waiver, patients may legally obtain and possess more than 20 fluid ounces, or 591.5 milliliters, of CBD oil.

Possession of 10 grams or less of marijuana flower or synthetic marijuana is a misdemeanor. Patients or individuals not registered as patients who knowingly maintain a location where more than 35 grams, or 1.23 ounces, of marijuana is stored, manufactured, distributed, or sold could face felony charges and prison time.

The information contained in this site is provided for informational purposes only, and should not be construed as medical or legal advice.

This page was last updated on September 15, 2020.

View the cannabis & CBD laws & regulations for Missouri.

Missouri Marijuana Laws

Updated September 2019

Missouri has historically been one of the most restrictive states when it comes to cannabis policy, but in November 2018 voters approved Amendment 2 to legalize the use of marijuana for medical purposes by qualified patients. Learn more about Missouri marijuana laws below.

Recreational Marijuana in Missouri

Is marijuana legal in Missouri. No– recreational marijuana remains illegal in Missouri. Lawmakers in 2014 did enact Senate Bill 491 to reduce penalties for the possession of up to 10 grams of marijuana. The law, which took effect January 1, 2017, makes the first offense punishable as an infraction (class D misdemeanor) carrying a fine of $250 to $1,000. Possession of 10 grams to up to 35 grams is a class A misdemeanor, but punishable to up to 1 year in prison and a maximum fine of $2,000. Possession of over 35 grams, or 1.25 ounces, is a felony, punishable to up to seven years in prison and a $5,000 fine.

In April 2016, nearly 75% of voters in Kansas City approved Question 5, a measure that eliminated jail penalties and lowered the fine for those caught in possession of up to 35 grams from $500 to $25.

Medical Marijuana in Missouri

Registered patients and their caregivers are allowed to purchase up to four ounces of marijuana from dispensaries every month. A 4 percent retail tax is applied to sales, with excess revenue going to a fund aimed at covering veterans’ health care costs. The new law also legalizes the personal cultivation of six marijuana plants by patients registered with the program.

The new law allows permit state-licensed physicians to recommend medical marijuana to patients diagnosed with the following conditions:

  • Alzheimer’s Disease
  • Cancer
  • Epilepsy
  • Glaucoma
  • HIV and AIDS
  • Intractable Migraines
  • Multiple Sclerosis
  • Post-Traumatic Stress Disorder (PTSD)
  • Psychiatric Disorders
  • Spinal Cord Injuries
  • Terminal illness

The law also permits doctors to recommend cannabis for any chronic, debilitating, or other condition they see fit.

CBD from Hemp Oil in Missouri

Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.

Cultivation of Cannabis in Missouri

Cultivating marijuana for recreational use is prohibited in Missouri. Registered medical marijuana patients or their caregivers can legally grow up to six marijuana plants at home.

Licensed growers can legally cultivate hemp in Missouri. Signed into law on June 24, 2019, Senate Bill 133 authorized the commercial production of hemp. The new law replaces the state’s research pilot program that had been in place since 2014. The Missouri Department of Agriculture intends to make applications for producing and growing permits available in the fall of 2019 in time for the 2020 growing season.

Legal Status of Other U.S. States

Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.

Sources

  • http://norml.org/laws/item/missouri-penalties-2
  • https://www.mpp.org/states/missouri/
  • http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881

DISCLAIMER: The information contained in this website is for general information purposes only; it does not constitute legal advice. Although we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Therefore, any reliance you place on such information is strictly at your own risk.

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