Fact Checked by Doctor NameMissouri marijuana regulations have changed significantly. The state legalized medicinal marijuana and recently legalized recreational usage via a voter measure.
Changing public perceptions and a desire to control cannabis like alcohol explain this progression.
Legislators combine public health concerns with access calls to design rules. This page details Missouri’s marijuana laws.
Is Marijuana Legal in Missouri?
Table of Contents
Missouri is one of several states revising marijuana laws. Possession of minor quantities has been legal since 2014.
In November 2018, voters decisively adopted Amendment 2 to create a 2020 medicinal cannabis program.
Most recently, 53% of Missouri voters approved Amendment 3 on November 8, 2022, legalizing recreational marijuana for people 21 and older and retail sales.
Because of these laws, Missouri has a new medicinal and recreational sector worth hundreds of millions of dollars. As the state adjusts, rules are being finalized.
Historical Evolution of Missouri Marijuanas Law
Missouri has gradually changed its marijuana regulations over the last decade, notwithstanding the 1970 Controlled Substances Act’s federal ban. Federally, marijuana is a Schedule I drug with no medicinal purpose.
However, decriminalization and medicinal marijuana legalization have liberalized governmental laws. Cannabis possession was illegal in Missouri until 2014.
Missouri decriminalized personal possession of up to 10 grams of marijuana in 2014 with Senate Bill 491.
Instead of prison time, petty marijuana possession became a civil offense with a maximum $500 fine.
This drastically reduced small-scale cannabis arrests and punishments.
After over 65% of Missouri voters adopted Amendment 2 to legalize and regulate medicinal marijuana in November 2018, further measures followed.
This constitutional change gave DHSS oversight of a new comprehensive therapeutic cannabis program.
After considerable regulation preparation, DHSS started licensing dispensaries, testing laboratories, and commercial growers in 2019. In October 2020, licensed medical dispensaries began selling.
Missouri had 200 licensed outlets and 150,000 qualifying medicinal marijuana users by mid-2022.
Recently, 53% of Missouri voters approved Amendment 3 to legalize recreational marijuana use and sales for people 21 and older in November 2022.
Missouri is now the 21st state to legalize recreational cannabis, showing how public opinion and legislation are changing.
Missouri has joined other states in regulating marijuana responsibly, even though it’s still illegal.
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Medical Marijuana Program in Missouri
Missouri passed Amendment 2 in November 2018 to establish a comprehensive medical marijuana program regulated by the state’s Department of Health and Senior Services (DHSS).
To qualify, people must get a signed diagnosis from a qualified doctor that they have one of the allowed diseases, such as: For Adults Medical Conditions Include:
- Addiction Treatment
- AIDS/HIV
- Alzheimer’s Disease
- Autism/Asperger Syndrome
- Cachexia or Wasting Syndrome
- Cancer
- Crohn’s Disease
- Diabetes
- Epilepsy
- Glaucoma
- Headache & Migraine
- Hepatitis (Hepatitis A, Hepatitis B and Hepatitis C)
- Huntington’s Disease (HD)
- Inflammatory Bowel Diseases (IBDs)
- Multiple Sclerosis (MS)
- Muscle Spasms
- Neuropathy (Nerve Pain)
- Palliative Care (Admittance Into Hospice)
- Parkinson’s Disease (PD)
- Post-Traumatic Stress Disorder (PTSD)
- Seizures and Seizure Disorders
- Sickle Cell Diseases (SCDs)
- Tourette Syndrome
Registered patients are issued ID cards to obtain medical cannabis products from licensed dispensaries.
Patients can purchase up to 4 ounces monthly and possess a 60-day supply.
The DHSS oversees licensing of dispensaries, testing facilities, and commercial cultivators. Strict regulations govern security, storage, transportation, testing, and record keeping.
Patients must renew their registration annually, requiring updated physician certification that they still have a qualifying condition.
Caregivers can also obtain limited registration to purchase medical cannabis for a patient. Home cultivation is not allowed under Missouri’s medical marijuana program.
Only licensed dispensaries and commercial growers operate within the regulated system.
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Cannabis Recreational Use and Legalization Efforts in Missouri
- Advocates in Missouri worked for years to educate the public and build support for recreational marijuana legalization. Groups like Missouri NORML emphasized the tax benefits and the need to stop ineffective prohibition policies.
- Amendment 3 was on the November 2022 ballot after 200,000 signatures. Missouri became the 21st state to legalize recreational cannabis use and sales for people 21 and over, with 53% of the vote.
- The law authorizes 3 ounces of marijuana possession and six plants at home. It also expunges some cannabis offenses and licenses recreational dispensaries.
- Revenue from a 6% sales tax and other fees will fund veterans’ programs, drug treatment programs, and public defenders. Additional local sales taxes of up to 3% are also permitted.
- Legalizing recreational use in Missouri took sustained organizing and public engagement. While medical help saw the support of over 65% of voters in 2018, recreational approval was lower at just over 50% in 2022.
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Weed Possession and Cultivation Limits in Missouri
- For medical marijuana patients, possession is limited to 4 ounces per month purchased from a dispensary and a total supply of up to 60 days of their physician-recommended usage amount.
- Adult recreational users 21 and older can now possess up to 3 ounces of marijuana under Amendment 3.
- Medical patients and recreational users can cultivate up to 6 flowering marijuana plants at their primary residence. Plants must be grown securely, privately, and out of public view.
- Exceeding the possession or cultivation limits can still result in criminal penalties and fines. Gift exchanges that exceed the possession limit are also prohibited.
- Consuming marijuana in public remains illegal for both medical patients and recreational users, subject to fines and misdemeanor charges for public use.
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Marijuana Dispensary and Retail Regulations in Missouri
- The DHSS oversees licensing of medical marijuana dispensaries and testing facilities. Extensive regulations govern security, storage, inventory tracking, and record keeping.
- Recreational dispensaries will require both state DHSS licenses and local approvals. Municipalities can restrict locations and hours or ban recreational sales locally through their ordinances.
- Medical dispensaries are limited based on congressional district population. Recreational licenses will not initially have caps, but the state could eventually limit the number.
- Business licensing includes priority criteria for minorities adversely impacted under a prohibition to promote social equity. License fees assist with regulation costs.
- Applicants must submit detailed operating plans meeting security, inventory tracking, quality control, and more requirements. Licensing can be denied or revoked for violations.
- Federal banking limitations present challenges for marijuana businesses in Missouri and other states. Cannabis remains illegal federally, restricting financial services.
Cannabis Consumption Guidelines in Missouri
- Public use of marijuana remains prohibited in Missouri outside of licensed dispensaries. Smoking in public can result in civil fines or misdemeanor charges.
- Landlords and business owners can prohibit marijuana use through policies or lease agreements. There are no protections for public cannabis consumption.
- Driving under the influence of marijuana is illegal, with metabolites in the body considered evidence of impairment. Further proof of actual impairment is needed for conviction.
- Consuming marijuana via smoking or vaping in public housing is prohibited, as cannabis remains illegal under a federal law governing public housing programs.
- Social lounges and cafes allowing marijuana use may be permitted someday, but current policies only allow use in private residences out of public view. Public health impacts will need further research.
Weed Taxation and Revenue Allocation in Missouri
Taxes on medical marijuana originally included a 4% sales tax, with revenues allocated to veterans’ healthcare programs.
Under Amendment 3, recreational sales approved to start in 2023 will also carry a 6% sales tax.
Local municipalities can add up to a 3% sales tax on recreational dispensaries. State excise taxes will total 6%, with revenue funding veterans, drug treatment programs, and public defenders.
Total state tax revenue will exceed $100 million annually by 2025. The new industry will benefit Missouri economically through added jobs and business opportunities.
Social Equity and Inclusion Initiatives in Missouri
A significant concern with Missouri’s new recreational marijuana industry is promoting equal opportunities, especially for minorities adversely impacted under prior cannabis prohibition.
Social equity initiatives seek to remove barriers people of color face in acquiring licenses, resources, and capital to become cannabis entrepreneurs.
To address this, Amendment 3’s provisions allow applicants for marijuana business licenses to be partially weighted and scored based on qualifications as a minority business operator.
However, specific plans and policies to assure equity will depend on forthcoming regulations drafted by state agencies.
Challenges and Implementation of Marijuana in Missouri
While Missouri has made significant progress reforming its cannabis policies, major implementation challenges remain before regulated recreational sales likely begin in early-mid 2023.
The DHSS must develop regulations and procedures for dispensary licensing, local approvals, product testing, and sales tracking.
Banking limitations because marijuana remains federally illegal present issues for businesses.
Law enforcement protocols must also be updated to reflect new personal possession rights while enforcing public consumption bans.
Local governments can create additional policy complexities through their restrictions. Once launched, the new market will take time to mature.
Marijuana Economic and Health Impact in Missouri
Beyond generating state tax revenue, Missouri’s new marijuana industry is expected to create significant economic benefits through job creation, retail opportunities, and ripple effects across multiple sectors.
One analysis projects nearly $1 billion in annual recreational and medical cannabis sales by 2025.
However, public health experts continue monitoring usage rates and effects, especially potential overuse by youths.
While the evidence does not show marijuana is fatally dangerous, risks like impaired driving and problematic use patterns are concerns.
Benefits are also cited for chronic pain and epilepsy that can be safely alleviated through medical cannabis.
Balanced policies that maximize economic upside while minimizing public health harm remain vital.
Future Outlook of Weed in Missouri
Missouri is poised to continue expanding access as recreational sales launch after voters approved Amendment 3.
However, the regulatory framework will take shape over 2023, with licensing, local approvals, possession limits, and public use restrictions clarified through forthcoming rules. Some predict
Missouri may further expand allowable licenses or products available as the new market matures.
Social consumption could eventually gain approval once public safety and health impacts are better understood. But limitations will likely persist around drugged driving and youth access.
Forward-looking policies fostering equitable opportunities for affected communities and small businesses to participate in the legal market will also remain a priority.
Frequently Asked Questions
Q: When will legal recreational marijuana sales start in Missouri?
A: Recreational sales are expected to launch in early-mid 2023 after state regulators finalize rules and begin approving licenses under the new system.
Q: Can I grow marijuana plants at home in Missouri?
A: Home cultivation of up to 6 plants is allowed for both registered medical marijuana patients and adults 21 and over under recreational legalization. Plants must be grown securely and privately in a permanent residence.
Q: Where can I legally smoke or consume marijuana in Missouri?
A: Public consumption remains illegal outside licensed dispensaries, including in public parks, streets, and businesses. Use is limited to private residences, though landlords may prohibit cannabis.
Q: Can I get in legal trouble around people smoking marijuana?
A: You cannot be arrested simply for being in the presence of marijuana consumption. However, public use does remain prohibited. Consuming cannabis in public can still result in a misdemeanor.
Q: How much marijuana can I legally have now in Missouri?
A: Recreational users 21 and over can possess up to 3 ounces. Registered patients in the medical program can obtain up to 4 ounces monthly. Cultivation limits are six plants for both medical patients and recreational consumers.
Q: Can minors use medical marijuana in Missouri?
A: Medical marijuana use requires registration in the state program only open to those 18 and older. Recreational use, possession, and cultivation remain illegal for those under 21.
Q: Where does tax revenue from marijuana sales go to?
A: Marijuana tax funds support veterans’ healthcare, law enforcement, drug addiction and treatment programs, and public defenders.
Q: Can my employer prohibit marijuana use?
A: Yes, employers can maintain drug-free workplace policies and prohibit cannabis use by employees. Legal use protections only prevent criminal charges, not workplace rules.
Conclusion
Marijuana laws have shifted dramatically in Missouri over the past decade through decriminalization, legal, medical use, and approved recreational consumption.
Policies continue evolving as regulators balance business interests with public health concerns. While access has expanded, use remains carefully overseen.
Patients can legally obtain medical cannabis, while adults soon have new liberties to possess and grow limited recreational amounts.
However, marijuana consumption and unlicensed sales still carry restrictions and penalties.
As dispensaries launch, new tax revenues should fund vital community programs.
Amidst the changes, Missouri must be vigilant to foster equitable inclusion and safe use as a normalized, regulated industry takes root.
