A state with many nicknames, Missouri is called the “Mother of the West” and the “Cave State” and the “Show Me State”. A state where the great Mark Twain was born, where the skies rumble with the roar of tornadoes, and where the aroma of slow-cooked BBQ wafts through the streets. But now, Missouri is making headlines for a different reason. It has joined the ranks of states that have legalized cannabis for adult use. As you embark on a journey through the Show Me State, here are a few things you should know if you’re planning on indulging in the green herb.
Is Weed Legal in Missouri? Straight to the point.
- Recreational THC: Yes
- Medical THC: Yes
- CBD: Yes
- Delta-8: Yes
Medical Weed Laws
Missouri legalized medical marijuana in 2018. More than 200,000 residents of the state currently hold valid medical marijuana licenses. If you are 18 years of age or older, you can obtain a medical card in Missouri. Patients under the age of 18 must choose a legal guardian to act as their caregiver.
A Missouri resident having at least one of the qualifying medical conditions is referred to as a qualifying patient.
Qualifying medical conditions include:
- Cancer
- Epilepsy
- Glaucoma
- Intractable migraines unresponsive to other treatment
- 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
- Debilitating psychiatric disorders, including, but not limited to, post-traumatic stress disorder, if diagnosed by a state-licensed psychiatrist
- Human immunodeficiency virus or acquired immune deficiency syndrome
- 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
- A terminal illness
- 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.
With a Missouri Department of Health and Senior Services – DHSS-issued ID card in hand, patients or caregivers may purchase medical marijuana from a Missouri dispensary. Up to four ounces of dried, unprocessed marijuana, or its equivalent, may be purchased by patients or their caregivers in a 30-day period.
To obtain a medical marijuana card in Missouri you must follow a few simple steps such as:
1. Have your physician submit a verification electronically
2. Register on the Missouri Department of Health & Senior Services
3. Complete application
Here is a Patient Registry User Guide to help you along the way.
Recreational Weed Laws
On November 8, 2022, Missouri voters approved Amendment 3, a constitutional amendment that would legalize marijuana for recreational use on February 6, 2023.
The program provisions allow for anyone 21 or older to buy up to three ounces of dry, unprocessed marijuana each day once retailers have received their licenses. The state determines the permissible quantity of infused products and other goods that aren’t offered in flower form using a different weighing system.
People are permitted to keep up to three ounces at any time, whether it be in their immediate possession, at home or elsewhere. Users may purchase a maximum of 4 oz. (32 MMEs – Missouri Marijuana Equivalency Units) of conforming goods per month. One MME, or 3.5 grams, is the typical marijuana purchase amount. Accordingly, 1 MME is also equal to 1 gram of marijuana concentrate or 100 mg of a product containing THC.
Is Weed Decriminalized in Missouri?
The short answer is that marijuana is now legal in Missouri, provided that users adhere to the rules, laws, and limitations established by the state’s Department of Health and Senior Services (DHSS). Those rules, laws, and restrictions include those relating to possession limits, marijuana sharing, purchase places, consumption sites, transportation, cultivation, and consumer age requirements. See information on marijuana penalties below.
Cannabinoid Variants
The most strictly controlled cannabinoid and the primary cannabinoid present in marijuana is THC. Cannabinoids generated from hemp, however, have recently created a new industry and come with a variety of rules.
Is CBD legal in Missouri?
The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products.
The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution. CBD is legal in Missouri.
Is Delta-8 legal in Missouri?
Delta-8 THC is lawful in Missouri and many other US states as long as it abides by the guidelines imposed by the 2018 Farm Bill. According to Missouri state law, which is consistent with federal law, all hemp products with a permissible level of Delta 9-THC are now allowed.
Is Delta-10 legal in Missouri?
Delta-10 THC is legal in Missouri. Similar to Delta-8, Delta-10 is frequently produced from hemp and added to goods including tinctures, edibles, vape pens, and joints. It is allowed as long as the finished product has less than 0.3% Delta-9 THC.
Are THC-O and other THC variants legal in Missouri?
In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023.
The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids.
The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers.
For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.
Are HCC and HHC-O legal in Missouri?
THC, sometimes referred to as tetrahydrocannabinol, belongs to the naturally occurring cannabinoids family. HHC and HHC-O are THC isomers, and both lawful in Missouri despite the fact that other states have forbidden them because of lab-created THC isomers. Like Deltas-8 and 10, HHC is also found in such small concentrations that it must be removed in order to provide adequate amounts for product infusion.
Cultivation Laws
Those who are 21 and older can apply for a home cultivation card at the Missouri Department of Health and Senior Services starting in February. The cost of a license is $100. The patient or their caretaker (but not both) may apply for a patient cultivation license to grow up to six flowering marijuana plants only for the benefit of the qualified patient.
Unless the qualifying patient is emancipated, a qualifying patient under the age of 18 is not qualified to apply for a cultivation license. An eligible patient who is not emancipated and is under the age of 18 may only have a cultivation license obtained by a parent or guardian who has a primary caregiver ID card. A caregiver may look after three patients at once. For each patient for whom a caregiver receives a cultivation license, that patient’s cultivation license must be distinct.
In Missouri, licenses for growing cannabis for dispensaries are granted through a competitive application process. The Missouri Department of Health and Senior Services (DHSS) is responsible for overseeing the medical marijuana program and issuing licenses to dispensaries and cultivators.
To become a licensed cultivator in Missouri, potential applicants must submit an application to the DHSS, along with a non-refundable application fee. The application will include information about the applicant, their business plan, and their proposed cultivation facility.
The DHSS will evaluate the applications based on criteria such as the applicant’s experience and qualifications, the security and safety of the proposed cultivation facility, and the proposed compliance with state regulations. Once the DHSS has reviewed and approved the application, the applicant will be issued a license and will be able to begin growing cannabis for sale to dispensaries.
Where to Buy Weed in Missouri
Once recreational cannabis opens up in Missouri, there will be even more ways to access weed. For now, patients can still shop in one of several state-licensed dispensaries.
Dispensaries
Among The Gateway Arch, Strange Donuts, and Hair Museums you will find that Missouri now has 214 licensed dispensaries. The list is vast and we are sure you know how to Google, so we will just leave you with that information.
Delivery
Missouri allows for the legal delivery of medical marijuana. The sale of recreational marijuana has not yet begun. Missouri has a handful of dispensaries that are now offering online ordering and delivering and will bring your flower, vapes, edibles, and more right to your door. If you can’t seem to find one near you, just wait a little while, we are sure that the opportunities are just beginning.
Direct to Consumer
At this time direct to consumer is not legal in Missouri. In February, 2023 both recreational users and medical patients will be able to purchase marijuana from a licensed dispensary and for some areas there are a few that deliver.
Black Market
Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.
General FAQ
Where can you smoke weed in Missouri?
According to Missouri marijuana law, people who have a valid medical card or who will be 21 years old by February 2023 are able to legally consume marijuana in their home, in their yards, on their property or other residential property pursuant to the home owners acceptance, and in state parks in a private environment. Although you won’t get burned when making s’mores by the campfire, it is acceptable to use marijuana in your RV, tent, or other private area. You may not smoke in public places, near medical facilities, near playgrounds, schools, state buildings, restaurants, etc.
Can you smoke weed in public in Missouri?
You must be in a private area as listed above. Consuming any kind of cannabis product in public is illegal in Missouri.
When was weed legalized in Missouri?
Medical marijuana was legalized in Missouri in 2018. Recreational cannabis was approved for legalization in 2022, and the program will roll out in early 2023.
Punishment for Illegal Acts FAQ
What are the penalties for selling, gifting, transporting, or importing weed?
To sell, give, transport, or import cannabis in Missouri, you need a dispensary license.
A Class E felony carrying a possible $10,000 fine and up to four years in jail is the penalty for the sale or manufacturing of 35 grams or less.
Distribution is a Class A felony that carries a fine of twice the profit and a penalty of 10 to 30 years in prison or life in prison. It is also prohibited near schools, parks, and public housing.
What is the penalty for selling to a minor?
Distribution to a minor is a Class C felony that carries a three to 15-year penalty as well as a fine equal to double the profit.
What is possession with the intent to sell?
When you have more cannabis than you could reasonably consume or more than what is allowed by law, you are in possession with the intent to distribute.
For first-time offenders, possession of up to 10 grams is a Class D misdemeanor, punishable by a maximum fine of $500 but with no mandatory jail time. A second or subsequent crime carries a maximum punishment of $2,000 and a one-year jail term.
Possession of more than 10 grams of marijuana but less than 35 grams is a Class A misdemeanor, punishable by up to a year in jail and a $2,000 fine.
Possession of 35 grams to 30 kilograms is a Class D felony that carries a maximum penalty of $10,000 in fines and up to 7 years in jail.
When is possession still a crime?
Possession is a crime if you hold more than the legal limits or if suspected of intent to distribute.
