Staying informed on state cannabis laws is valuable for residents, visitors, and entrepreneurs. This guide answers key questions about cannabis laws in Missouri, providing insights on everything from legalization history to current possession limits and public consumption rules.
Is Cannabis Legal in Missouri?
Yes, Missouri legalized recreational cannabis for adult use in 2022. Medical cannabis has been legal since 2018.
When Did Missouri Legalize Cannabis?
Recreational cannabis became legal in Missouri on December 8, 2022, after voters passed Amendment 3 the previous month. This amendment allowed adults to possess cannabis and established the framework for legal cannabis sales, which began in February 2023.
Medical cannabis was legalized in December 2018, with the first sales taking place in October 2020. Patients must have a physician’s certification and a state-issued medical marijuana card.
What Is the Legal Consumption Age for Cannabis in Missouri?
In Missouri, individuals must be 21 years old to legally purchase and consume recreational cannabis. For medical marijuana, the minimum age is 18 with a physician's certification confirming a qualifying condition. Minors under 18 can also access medical cannabis, but only with a physician's certification and a legal guardian designated as their caregiver to obtain and administer the medication.
What Is the Legal Amount of Cannabis I Can Carry in Missouri?
In Missouri, the legal amount of cannabis an individual can carry depends on the type of use. Adults aged 21 and older can legally possess up to 3 ounces (85 grams) of recreational cannabis on their person. Medical marijuana patients, or their caregivers as proxy, can purchase and possess up to 4 ounces (113 grams) of dried, unprocessed marijuana or its equivalent within a 30-day period, unless a physician recommends a higher amount.
Missouri cannabis laws punish possession of more than 3 ounces of cannabis as “intent to distribute” and apply penalties as if it were a trafficking offense. Penalties can include the following:
- Possession over the legal amount but no more than 35 grams is a felony, punishable by 4 years in prison and up to a $10,000 fine.
- Possession of over 35 grams but less than 30 kilograms is a felony, punishable by up to 10 years in prison and as much as a $10,000 fine.
What Is the Legal Amount of Cannabis I Can Sell in Missouri?
Licensed dispensaries in Missouri may sell cannabis up to the legal possession limit of 3 ounces per transaction for recreational users. Medical patients are allowed larger purchases depending on their doctor’s recommendation, but overall limits per patient apply.
Where Can I Legally Purchase Cannabis in Missouri?
Cannabis can be legally purchased from state-licensed dispensaries. Both recreational and medical cannabis are available, and dispensaries must comply with state regulations to ensure product safety and quality.
Missouri allows delivery services from licensed dispensaries, providing a convenient option for patients and consumers. However, curbside pickup is not allowed.
How Much Tax Will I Pay on Cannabis in Missouri?
Recreational cannabis in Missouri is subject to a 6% state tax, with an additional local sales tax of up to 3%. Medical cannabis carries a lower 4% tax, and the revenue supports the Missouri Veteran’s Health and Care Fund.
What Cannabis Products Are Available in Missouri?
Missouri dispensaries offer a variety of cannabis products, including flower, edibles, tinctures, concentrates, and topicals. All products are rigorously tested for potency and safety to ensure compliance with state regulations.
Can I Gift Cannabis in Missouri?
Yes, adults over 21 can gift cannabis in Missouri, but only within the legal possession limits. Gifting more than 3 ounces or any form of compensation for the gift may result in legal repercussions.
Can I Grow Cannabis Plants at Home in Missouri?
Yes, home cultivation is allowed in Missouri. Adults over 21 can cultivate up to six flowering plants, six immature plants, and six clones under 14 inches at home. Home growers must possess a valid cultivation card that costs $100 per year. All plants must be grown in a locked and private space to prevent minors from accessing them.
Illegal cultivation of cannabis is a felony. Penalties are the same as trafficking offenses listed in the possession portion of this article.
Where Can I Smoke Marijuana in Missouri?
Cannabis consumption is restricted to private property. If private property is in any way open and accessible to public view, it is considered public for the purpose of enforcing cannabis laws. You cannot consume cannabis on federal land or in national parks. Likewise, you cannot consume cannabis in open public spaces such as sidewalks, bridges, or streets. If you violate public consumption laws, you may incur a fine of up to $100 per incident.
How Does Cannabis Use Affect My Employment in Missouri?
Missouri law allows employers to enforce drug-free workplace policies, meaning that even if cannabis is legal, employees can still face consequences for cannabis use, especially in safety-sensitive jobs. Federal guidelines still apply to certain industries.
Can I Travel With Cannabis in Missouri?
You can travel with cannabis purchased within Missouri to anywhere within the state as long as you possess amounts within the legal limits. However, it’s illegal to cross state lines with cannabis, even if you're traveling to a state where cannabis is also legal. You cannot travel to Missouri with cannabis from another state nor can you travel to another state with cannabis purchased in Missouri.
How Are Past Cannabis Convictions Handled in Missouri?
Missouri’s Amendment 3 allows for the expungement of non-violent marijuana offenses that are now legal under state law. For most minor offenses, automatic expungement was completed by the end of June 2023. Individuals with more serious offenses may need to petition for expungement.
Final Thoughts on Cannabis Laws in Missouri
Cannabis laws in Missouri are still evolving as the state fine-tunes its legal cannabis market. As Missouri’s cannabis industry continues to grow, staying current with the latest laws will prevent you from running afoul of the laws.
For cannabis entrepreneurs, tools like KayaPush can simplify payroll and employee management, allowing you to focus on growth and compliance. Book a free demo today to learn how KayaPush can support your business in Missouri’s emerging cannabis industry.
