Missouri Marijuana Laws

Missouri Marijuana Laws: Overview

Marijuana (cannabis) is no longer illegal in all states, although state laws legalizing its medical or recreational use remain in conflict with federal drug policy. And while Missouri still has some of the toughest marijuana laws in the nation, voters approved a constitutional amendment legalizing medical marijuana in 2018 (enacted on Dec. 6, 2018, but the infrastructure for setting up licensing, dispensaries, etc. will take longer).

First-time offenders who possess up to 10g may have to pay a fine of up to $500 but won't face the possibility of incarceration. Sentences for those convicted of sales, trafficking, or cultivation are much stiffer. For instance, you may be sentenced to as many as seven years in prison for selling less than five grams of cannabis. Selling 30 or more kilograms can get you life in prison, while penalties for cultivation are based on the weight of the plants (which are substantially heavier before being processed).

While you may be able to get probation or a reduced sentence for your first simple possession offense, conviction on marijuana charges could dramatically derail your life plans. Get immediate legal help if you have been charged. the following chart provides additional details about Missouri's marijuana laws. See FindLaw's Drug Charges section to learn more.

Code Section 195.010, et seq.
Possession Up to 10g (first offense): misdemeanor (up to $500 fine, no jail time); up to 10g (second offense): misdemeanor (up to 1yr. in jail); 10-35g.: Class A misdemeanor (up to 1 yr. incarceration and $1,000 fine); 35g. to 30kg.: Class C felony (1 yr. incarceration and $5,000 fine); Subsequent offense: subject to prior & persistent offenders statute §195.295; more than 100kg is considered trafficking.
Sale Less than 5 g.: Class C felony (up to 7 yrs. incarceration and $5,000 fine); 5g. to 30kg.: Class B felony (5-15 yrs. incarceration and $20,000 fine); Subsequent offense: subject to prior & persistent offenders statute §195.295; Distribution to minor 17 years old or 2 yrs. junior: Class B felony; Within 2000 ft. of school or public housing: Class A felony
Trafficking Trafficking drugs 1st degree: Distribution /attempt to deliver: 30-100kg.: Class A felony (10 yrs. to life incarceration and $20,000 fine); 100+ kg.: term of prison for Class A felony without parole; Trafficking in 2nd degree: Buying/attempt to purchase: 30-100kg.: Class B felony; 100+ kg. or over 500 plants: Class A felony
Medical Marijuna Eligible patients may use medical marijuana with a physician's written recommendation; law allows for cultivation and the establishment of licensed dispensaries.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

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Missouri Marijuana Laws: Related Resources

Get Legal Help with Your Marijuana Charges in Missouri

Although a number of states have made some changes to loosen their marijuana laws, a conviction on marijuana charges in the Show Me State can still have devastating effects on your life. If you've been charged with a marijuana-related crime in Missouri, it's best to contact a local drug crime attorney to learn about your rights and options.

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Contact a qualified attorney.