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.
Possession of 10 grams or less is a misdemeanor punishable by a maximum $500 fine and no jail time.
Legislation history
The Missouri Legislature in 2014 passed HB 2238, which created the Missouri Hemp Extract Registration Program (MHERP). It allowed Missouri residents diagnosed with intractable epilepsy to legally purchase, possess, and use hemp extract with no more than 0.3% tetrahydrocannabinol (THC) by weight and at least 5% cannabidiol (CBD) by weight as long as it contains no intoxicating substances.
Also in 2014, SB 491 made the possession of 10 grams or less of marijuana a misdemeanor punishable by a fine for first-time offenders. 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 in December 2018.
Regulatory authority
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.
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.
Patients can purchase up to 4 ounces (113 grams) of dried, unprocessed marijuana or its equivalent in a 30-day period. A patient may be able to get approval for more if two independent physicians agree to a specific amount. According to state guidelines, 3.5 grams of unprocessed marijuana is the equivalent of 1 gram of concentrate or 100 milligrams of a THC-infused product.
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 consumption of medical marijuana to non-smokable forms.
Possessing cannabis
Patients and their caregivers may possess a 60-day supply (8 ounces or 226 grams) of dried cannabis or its equivalent if the patient doesn’t grow their own marijuana. Patients or caregivers who cultivate cannabis can possess up to a 90-day supply (12 ounces or 339 grams) as long as the homegrown crop never leaves the property where it’s grown.
If a patient possesses an amount of marijuana between their allowed amount and twice that much, the patient may be fined $200 and have their medical identification card revoked.
For non-patients, possession of 10 grams or less of marijuana or synthetic marijuana is a misdemeanor punishable by a $500 fine.
Home cultivation
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.
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 syndrome
Reciprocity
State laws do not allow a patient with an out-of-state medical marijuana card or certification to purchase medical marijuana in Missouri. Out-of-state patients will not be prosecuted for possession of amounts or types of medical marijuana within their state’s limits.
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.
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 (MHERP). Only patients diagnosed by a state-licensed neurologist with intractable epilepsy are eligible to participate in this program. Patients younger than 18 must register with a parent or guardian. Patients with a MHERP card can purchase CBD oil from one of two state-licensed facilities.
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 in Missouri. According to Missouri state authorities who spoke to Weedmaps, all rules and regulations established through the MHERP are intact and operational.
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.
