Missouri marijuana laws
Overview of Missouri marijuana laws
Missouri legalized recreational marijuana for adults 21 and older when voters passed Amendment 3 in November 2022. The amendment took effect on December 8, 2022, making Missouri the 21st state to legalize adult-use cannabis. Prior to that, medical marijuana had been legal since 2018 under Amendment 2. Today, both recreational and medical cannabis programs are regulated by the Division of Cannabis Regulation (DCR) within the Missouri Department of Health and Senior Services (DHSS).
| Category | Status |
|---|---|
| Recreational marijuana (21+) | Legal since December 2022 |
| Medical marijuana | Legal since 2018 |
| Recreational possession limit | 3 ounces of dried, unprocessed marijuana |
| Home cultivation (recreational) | 6 flowering plants with valid license |
| Medical possession limit (30-day) | 6 ounces or equivalent |
| Public consumption | Illegal |
| Adult-use retail sales began | February 2023 |
Understanding Missouri's cannabis laws is important for residents, visitors, employers, and property owners alike. While legalization opened the door to personal use and commercial sales, significant rules still govern where, when, and how much marijuana a person can possess, grow, or purchase. For a broader look at how cannabis regulations differ across the country, see our guide to state marijuana laws.
Recreational marijuana in Missouri
Adults 21 and older may legally purchase, possess, and consume marijuana in Missouri. Adult-use cannabis retail sales began in February 2023 through state-licensed dispensaries. Consumers can buy up to three ounces of dried, unprocessed marijuana product (or its equivalent) in a single transaction.
| Recreational use rule | Details |
|---|---|
| Minimum age | 21 years old |
| Purchase limit per transaction | 3 ounces dried marijuana or equivalent |
| Possession limit | 3 ounces at any given time |
| Permitted forms | Flower, edibles, concentrates, other marijuana products |
| Where to purchase | State-licensed dispensaries only |
| Consumption locations | Private residences; not in public spaces |
Recreational use includes both smoking marijuana flower and consuming other products like edibles and concentrates. However, it remains illegal to sell, distribute, or grow marijuana without the proper state-issued licenses and permits.
Selling or distributing marijuana to anyone under 21 is a serious criminal offense with enhanced penalties. All legal purchases must be made through dispensaries verified by the DHSS.
Medical marijuana laws in Missouri
Medical marijuana has been legal in Missouri since voters approved Amendment 2 in 2018. Amendment 3 expanded and enhanced the medical program in several key ways, including broader access to certification, extended card validity, and increased possession limits for patients and caregivers.
| Medical marijuana provision | Details |
|---|---|
| Legal since | 2018 (Amendment 2) |
| Certifying providers | Physicians and nurse practitioners |
| Card validity | 3 years |
| Residency requirement | No longer required for patient application |
| 30-day purchase limit | 6 ounces dried marijuana or equivalent (unless certified for more) |
| Caregiver patient limit | Up to 6 patients per caregiver |
| Cultivation (medical) | Up to 90-day supply in possession; excess must remain in enclosed, locked facility |
Key changes under Amendment 3
Amendment 3 brought several improvements for medical marijuana patients:
- Qualifying patients may now be certified by a nurse practitioner, not just physicians
- Proof of Missouri residency is no longer required as part of the patient application
- Medical marijuana ID cards are valid for three years instead of one year
- Individuals may serve as a licensed caregiver for up to six patients
- Purchase limits increased to six ounces of dried marijuana or equivalent within a 30-day period
Cardholders who cultivate marijuana for medical use may possess up to a 90-day supply. Any amount exceeding the patient's 60-day supply must remain in an approved, enclosed, locked facility.
Medical marijuana users with a valid patient ID card cannot be discriminated against solely based on their status as a medical marijuana patient. This protection extends to employment, housing, and other areas governed by state law.
Possession limits in Missouri
Missouri law sets different possession limits for recreational consumers and medical marijuana patients. Exceeding these limits carries penalties that range from civil infractions to criminal charges, depending on the amount involved.
| Category | Possession limit |
|---|---|
| Recreational (at any time) | 3 ounces dried, unprocessed marijuana |
| Recreational (per transaction) | 3 ounces dried marijuana or equivalent |
| Medical patient (30-day purchase) | 6 ounces dried marijuana or equivalent |
| Medical cultivator (total possession) | Up to 90-day supply |
| Home cultivator (outside locked facility) | 3 ounces maximum |
For recreational users, possession of up to three ounces carries no penalty. Possessing more than three ounces but less than six ounces is treated as a civil infraction for first-time violators, carrying a fine of up to $250 and seizure of the marijuana.
Possession of larger amounts, particularly over 35 grams outside the legal framework, can result in felony charges. Historically, possession of more than 35 grams but less than 30 kilograms has been charged as intent to distribute.
Home cultivation rules
Missouri allows adults to grow marijuana at home for personal, non-commercial use, but a valid state-issued license is required. Both recreational consumers and medical patients may cultivate plants within specific limits and under strict conditions.
| Plant type | Recreational limit | Requirements |
|---|---|---|
| Flowering plants | 6 plants | Consumer personal cultivation license required |
| Non-flowering (vegetative) plants | 6 plants | Enclosed, locked facility at private residence |
| Clones (under 14 inches tall) | 6 plants | Enclosed, locked facility at private residence |
All plants must be kept in an enclosed, locked facility at a private residence. Cultivators cannot have more than three ounces of dried marijuana outside of their enclosed, locked facility at any given time.
Growing marijuana without a valid consumer personal cultivation license issued by the state is illegal. Growing more than six but fewer than 12 flowering plants without a license is treated as a civil infraction for the first offense, with a fine of up to $250.
Penalties for marijuana offenses in Missouri
While possession of up to three ounces is legal for adults 21 and older, Missouri still imposes significant penalties for unauthorized possession, sale, distribution, trafficking, and cultivation of marijuana. Penalties range from civil infractions and misdemeanors to serious felony charges carrying years of imprisonment.
| Offense | Classification | Maximum incarceration | Maximum fine |
|---|---|---|---|
| Possession up to 3 oz (21+) | Legal | None | $0 |
| Possession 3 – 6 oz (first offense) | Civil infraction | None | $250 |
| Possession up to 10 g (first offense, unlicensed) | Class D misdemeanor | None | $500 |
| Possession 10 – 35 g | Class A misdemeanor | 1 year | $2,000 |
| Possession 35 g – 30 kg | Class D felony | 7 years | $10,000 |
| Sale/distribution 35 g or less | Class E felony | 4 years | $10,000 |
| Sale/distribution 35 g – 30 kg | Class C felony | 3 – 10 years | $10,000 |
| Distribution to a minor | Class C felony | 3 – 15 years | Twice profit |
| Distribution near school, park, or public housing | Class A felony | 10 – 30 years or life | Twice profit |
| Trafficking 30 – 100 kg | Class C felony | 3 – 10 years | $10,000 |
| Trafficking 100 kg+ or 500+ plants | Class B felony | 5 – 15 years | Twice profit |
Enhanced penalties for repeat offenders
Missouri law imposes enhanced sentencing for repeat drug offenders. A prior drug offender convicted of a Class C, D, or E felony will be sentenced one class higher than the underlying offense. A persistent drug offender with two or more prior felony drug convictions will be sentenced two classes higher.
For persistent offenders convicted of a Class B felony, the sentence increases to that of a Class A felony: 10 to 30 years, or life imprisonment.
Paraphernalia penalties
Missouri also enforces penalties related to marijuana paraphernalia. These penalties escalate with repeat offenses and commercial intent.
| Offense | Classification | Maximum incarceration | Maximum fine |
|---|---|---|---|
| Possession of paraphernalia (first offense) | Misdemeanor | None | $500 |
| Possession of paraphernalia (second offense) | Misdemeanor | 1 year | $2,000 |
| Unlawful manufacture of paraphernalia | Misdemeanor | 1 year | $2,000 |
| Paraphernalia for commercial purposes | Felony | 4 years | $10,000 |
Driving-related penalties
Missouri enforces "Abuse and Lose" provisions tied to marijuana offenses. Individuals under 21 who are found in possession of a controlled substance face a 90-day suspension of their driving privilege. Adults 21 and over who possess or use a controlled substance while operating a motor vehicle face a one-year revocation of their driver's license.
Smoking marijuana in a moving vehicle is also illegal, regardless of whether the person is a passenger or driver.
Employment and marijuana in Missouri
Missouri employers retain significant control over workplace drug policies even after legalization. However, Amendment 3 introduced new protections specifically for employees who hold valid medical marijuana patient ID cards.
| Employment scenario | Legal status |
|---|---|
| Employer banning marijuana use at work | Allowed |
| Employer prohibiting possession/sale on property | Allowed |
| Disciplining medical patient for off-duty use | Not allowed |
| Penalizing medical patient for positive drug test | Not allowed |
| Restricting employees in safety-sensitive roles | Allowed |
| Restricting use when federal compliance is required | Allowed |
Medical marijuana employee protections
Employers cannot discriminate against or take adverse action against employees who hold a valid medical marijuana patient ID card for off-duty, off-site use of medical marijuana. Employers also cannot penalize these employees solely for testing positive for marijuana.
These protections have important exceptions. They do not apply when:
- An employee uses, possesses, or is under the influence of medical marijuana while at work
- Marijuana use impairs the employee's ability to perform job duties
- The employer could lose a federal contract, license, or other business interest if employees tested positive
For recreational users without a medical card, employers generally maintain full discretion over drug testing and workplace marijuana policies.
Where you can and cannot use marijuana
Marijuana consumption is permitted in private residences but remains illegal in public spaces throughout Missouri. Understanding where use is restricted helps consumers avoid citations and fines.
| Location | Marijuana use allowed? |
|---|---|
| Private residences | Yes |
| Parks and sidewalks | No |
| Public and private schools | No |
| Walking paths | No |
| Moving vehicles | No |
| HOA/condo common areas | Varies (governed by association rules) |
| Rental properties | Varies (landlords may restrict smoking) |
Police officers may cite individuals for using marijuana in public spaces. Rental property owners may include lease provisions prohibiting marijuana smoking on the property. HOAs and condo associations may also restrict or ban cannabis use in common areas and potentially within individual units, depending on their governing documents.
HOA and condo association rules
Condo associations and HOAs in Missouri may restrict marijuana use, especially in shared spaces like hallways, lobbies, and common areas. Many associations extend existing tobacco smoking policies to include cannabis. Restricting use inside private units is more complex, as it involves balancing odor and nuisance concerns against residents' rights to use legal substances in their homes.
Cannabis can also be consumed in non-smoking forms such as edibles, which may limit an association's ability to restrict usage under general nuisance provisions. Boards should consult legal counsel before creating or amending cannabis-related policies.
Expungement of prior cannabis offenses
Amendment 3 set in motion the expungement of criminal records for thousands of Missourians convicted of nonviolent cannabis offenses. Individuals whose prior offenses would now be considered legal under current law became eligible for expungement.
Historically, cannabis-related offenses have disproportionately impacted Black and brown communities, making it difficult for those with records to find reliable employment. The expungement process seals these records so they are no longer publicly accessible.
Missouri courts began reviewing cases and processing expungements starting with less severe offenses. The initial deadline set for completing the first round of expungements was June 2023. Individuals who believe they qualify for expungement should consult with a qualified attorney to determine eligibility and navigate the process.
Frequently asked questions
Is marijuana legal in Missouri?
Yes. Recreational marijuana is legal for adults 21 and older as of December 8, 2022. Medical marijuana has been legal since 2018. Adults may possess up to three ounces and purchase from state-licensed dispensaries.
How much marijuana can you possess in Missouri?
Recreational consumers may possess up to three ounces of dried, unprocessed marijuana at any time. Medical marijuana patients with a valid ID card may purchase up to six ounces within a 30-day period.
Can you grow marijuana at home in Missouri?
Yes, but you must obtain a consumer personal cultivation license from the state. Recreational growers may cultivate up to six flowering plants, six non-flowering plants, and six clones (under 14 inches) in an enclosed, locked facility at a private residence.
Can you smoke marijuana in public in Missouri?
No. Marijuana use is prohibited in all public spaces, including parks, sidewalks, walking paths, schools, and moving vehicles. Violations may result in a citation from law enforcement.
Can your employer fire you for using marijuana in Missouri?
It depends on the circumstances. Employers may restrict marijuana use in the workplace and are not required to allow possession on their property. However, medical marijuana patients with valid ID cards are protected from discrimination for off-duty use. These protections do not apply if the employee is impaired at work or if the employer faces federal compliance requirements.
What is the minimum age for marijuana use in Missouri?
You must be at least 21 years old to purchase or use recreational marijuana. Medical marijuana patients under 21 may access cannabis through the medical program with proper certification and a valid patient ID card.
Where can you buy marijuana in Missouri?
Marijuana may only be purchased from state-licensed dispensaries. The Missouri DHSS maintains a verified dispensary locator on its website to help consumers find authorized locations.