Missouri Medical Marijuana Laws

Missouri Marijuana Law Overview

Distribution or cultivation includes possession with intent to distribute or cultivate marijuana in the state of Missouri. Those who are arrested in result of distribution or cultivation will be punished to the fullest extent of the law based on the marijuana penalties and guidelines in Missouri as outlined below.

A qualifying patient who has in his or her possession written certification shall not be subject to arrest, prosecution, or penalty in any manner for the medical use of marijuana, provided the quantity of marijuana does not exceed an adequate supply.

A physician shall not be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege for providing written certification for the medical use of marijuana to qualifying patients.

Missouri Marijuana Patient Rights

Marijuana plants, equipment for their cultivation, as well as legal amounts of medical marijuana shall not be seized from the possession of a medical patient if the medical patient presents identification as a medical marijuana patient. Any such property interest shall not be forfeited under any provision of state or local law providing for the forfeiture of property other than as a sentence imposed after conviction of a criminal offense or entry of a plea of guilty to a criminal offense.

Marijuana, paraphernalia, or other property seized from a qualifying patient or primary caregivers in connection with the claimed medical use of marijuana shall be returned immediately upon the determination by a court or prosecutor that the qualifying patient or primary caregivers are entitled to the protections of sections 195.550 to 195.568, as may be evidenced by a decision not to prosecute, the dismissal of charges, or an acquittal.

No person shall be subject to arrest or prosecution for "constructive possession", "conspiracy", or any other offense for simply being in the presence or vicinity of the medical use of marijuana as permitted under sections 195.580 to 195.583.

Any medical marijuana patient shall be afforded all the same rights under the law as any other pharmaceutically medicated individual, as it pertains to:HB 1421 24

Missouri Marijuana Caregiver Laws

A patient or caregiver who has not received a registry identification card may present evidence supporting his or her need for medical marijuana for treatment of a serious medical condition. Such evidence may constitute a defense to a charge of marijuana possession or cultivation and shall be admissible in the courts of the state of Missouri if such evidence otherwise properly qualifies as admissible under the rules of evidence.

Offense

Penalty

Incarceration

  Max. Fine  

Possession

Less than 35 g.

Misdemeanor

1 year

$1,000

35 g. - 30 kg.

Felony

1 year

$5,000

30 g. - 100 kg.

Felony

5 - 15 years

$20,000

More than 100 kg.      

Felony

10 years - Life

$20,000

Possession of more than 100 kilograms is considered trafficking.

Sale, Trafficking or Distribution

Less than 5 g.

Felony

7 years

$5,000

5 g. - 30 kg.

Felony

5 - 15 years

$20,000

30 g. - 100 kg.

Felony

10 years - Life

$20,000

More than 100 kg.

Felony

10 years – Life*

$20,000

Within 2000 feet of a school or 1000 feet of public housing.

N/A

10 years - Life

$20,000

* No probation or parole.

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession of paraphernalia

Misdemeanor

1 year

$1,000

Sale of paraphernalia

Felony

5 years

$5,000

 

Missouri Marijuana Possession Penalties

  1. Possession of less than 35 grams is a Class A misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.
  2. Possession of 35 grams- 30 kilograms is a Class C felony which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $5,000.
  3. Possession of 30-100 kilograms is considered trafficking and is a Class B felony punishable by a sentence of 5-15 years and a fine of $5,000-$20,000.
  4. Possession of more than 100 kilograms is considered trafficking and is a Class A felony punishable by 10 years-life imprisonment and fine of $5,000-$20,000.

Missouri Marijuana Intent To Sell Penalties

  1. The sale or manufacture of 5 grams or less is a Class C felony which is punishable by up to 7 years imprisonment and a maximum fine of $5,000.
  2. The sale or manufacture of 5 grams-30 kilograms is a Class B felony which is punishable by a sentence of 5-15 years imprisonment and a fine of $5,000-$20,000.
  3. The sale of 30-100 kilograms is a Class A felony which is punishable by a sentence of 10 years-life imprisonment and a fine of $5,000-$20,000.
  4. The sale of 100 kilograms or more is a Class A felony which is punishable by a sentence of 10 years-life imprisonment with no probation or parole and a fine of $5,000-$20,000.
  5. Sale within 2,000 feet of a school or 1,000 feet of public housing is punishable by a sentence of 10 years-life imprisonment and a fine of $5,000-$20,000.

Missouri Marijuana Paraphernalia Penalties

  1. The possession of paraphernalia is a misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.
  2. The sale of paraphernalia is a felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Possession or use of marijuana results in a driver's license suspension if the offender is under the age of 21 at the time the offense was committed.