Missouri has fully legalized marijuana for both medical and recreational use.

Although CBD oil was legalized with the passage of HB 2238 in 2014, the use of marijuana for medical purposes was not approved until 2018. Four years later, Missouri residents voted to legalize cannabis for recreational use.

Although cannabis is fully legal in Missouri, public consumption and driving under the influence of marijuana are prohibited.

Marijuana Laws in Missouri

Marijuana is legal for both medical and recreational use in Missouri. Each program is comprised of specific rules consumers are expected to follow.

Medical Cannabis Laws

Medical marijuana was legalized after Missouri voters overwhelmingly approved Amendment 2 — the Medical Marijuana and Veteran Healthcare Services Initiative — in 2018. Qualified patients at least 18 years of age and older can purchase up to 6 ounces of cannabis every 30 days. Patients can possess more if two independent doctors approve.

In addition, medical cardholders or their authorized caregivers can grow up to six flowering marijuana plants, six nonflowering plants (over 14 inches tall), and six clones (plants under 14 inches tall) within an enclosed, locked, private residence.

Patients or caregivers that wish to cultivate must have a valid medical marijuana certificate and a Patient Cultivation Card. Parents or legal guardians of patients under 18 must provide official consent and obtain caregiver status to purchase, possess, cultivate, and dispense medical marijuana. Lastly, Missouri charges a 4% tax on medical marijuana and related marijuana products.

Recreational Marijuana Laws

Adults 21 years of age and over can possess up to 3 ounces of marijuana and cultivate up to 18 plants at a time, including up to:

• Six flowering cannabis plants
• Six nonflowering plants under 14 inches tall
• Six clones under 14 inches tall

In addition to these rules, no more than 12 plants may be flowering at the same time. Cultivation must take place in an enclosed, secured facility within a private residence and anyone looking to grow marijuana must apply for a Consumer Cultivation Card (whereas medical patients looking to grow marijuana must apply for a Patient Cultivation Card). Penalties for violating Missouri’s marijuana laws range from a misdemeanor to a felony depending on the severity, with fines for the first offense starting at $500.

Missouri currently charges a 6% tax on adult-use cannabis, but voters in numerous counties recently approved an extra 3% local sales tax on cannabis, which in addition to the state’s existing county and municipal taxes, could be more than 10%. Marijuana taxation generates millions of dollars annually, with recent revenue funding substance abuse treatment, veteran services, and the Missouri Public Defender System.

While House Bill 2034 removed CBD from the state’s controlled substance list in 2018,  Missouri currently takes no official stance on the legality of hemp-derived psychoactive compounds like delta-8 and delta-10. That said, recently proposed legislation aims to regulate these products as part of Missouri’s state marijuana program.

What to Know About About Medical Cannabis in Missouri

Federal law classifies cannabis as an illegal Schedule I drug; therefore, rules governing medical and recreational use vary from state to state. Missouri’s Department of Health and Senior Services (DHSS) has developed a detailed set of regulations to encourage safe, lawful, and responsible medical marijuana use.

Certain Medical Conditions Qualify for Medical Cannabis

Missouri maintains an ever-expanding list of qualifying conditions for an MMJ card that includes:

• AIDS/HIV
• Alzheimer’s Disease
• Autism Spectrum Disorder
• Cachexia, or Wasting Syndrome
• Cancer
• Crohn’s Disease
• Debilitating Psychiatric Disorders diagnosed by a licensed psychiatrist
• Epilepsy
• Glaucoma
• Hepatitis C
• Huntington’s Disease (HD)
• Inflammatory Bowel Diseases (IBDs)
• Intractable Migraines (unresponsive to other treatments)
• Multiple Sclerosis (MS)
• Neuropathies
• Parkinson’s Disease (PD)
• Post-Traumatic Stress Disorder (PTSD)
• Seizures
• Sickle Cell Anemia
• Tourette Syndrome (TS)
• Severe, persistent pain or persistent muscle spasms
• An alternative to physically addictive prescription medications
• A terminal illness
• In the professional judgment of a physician, any other chronic, debilitating medical condition

Telemedicine Is Allowed

Patients in Missouri may receive evaluations and recommendations via telemedicine. If you’re ready to get certified online, connect with a physician at Leafwell today.

Missouri Does Not Accept Out-Of-State Medical Cards

There is currently no reciprocity between Missouri’s Medical Marijuana Program and other state medical marijuana programs; however, nonresidents 21 and older may purchase adult-use cannabis with a valid ID. So, while Missouri may not accept out-of-state MMJ cards, the following states will:

• Arizona
• Arkansas *
• Delaware
• Hawaii *
• Louisiana
• Maine
• Michigan (at the dispensary’s discretion)
• Nevada
• New Hampshire
• New Jersey *
• New Mexico
• Oklahoma *
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands *
• Utah * (up to two 21-day periods in a calendar year)
• Washington, D.C.

*Visitors must complete a visiting patient application with the state program.

States that have recreational cannabis for adults 21 and older but do not accept out-of-state cards include:

• Alaska
• California
• Colorado
• Connecticut
• Illinois
• Maryland
• Massachusetts
• Minnesota (currently only tribal dispensaries)
• Montana
• New York
• Oregon
• Vermont
• Washington

There Are Employment Protections for Cardholders

The state of Missouri provides certain protections for medical marijuana patients. Although employers may still implement drug testing, they may not discriminate against those who consume marijuana while off-duty and away from the workplace. MMJ cardholding employees are still prohibited from using cannabis during work hours or working under the influence.

Can You Grow Cannabis In Missouri?

Yes, you can grow cannabis in Missouri. Adults 21 and older can grow up to six mature marijuana plants, six nonflowering marijuana plants (over 14 inches tall), and six clones (plants under 14 inches tall) at any given time in a single enclosed facility within a private residence. Growers must have a valid medical marijuana card and either a Patient Cultivation Card or a Consumer Cultivation Card (depending on whether they are medical or recreational users).

The Bottom Line

Marijuana is legal for both medical and recreational use and cultivation in the state of Missouri. While cannabis is fully legal in Missouri, public consumption and driving under the influence of cannabis is prohibited.

Additionally, CBD is no longer listed as a controlled substance, and the state government currently does not dispute the legality of unregulated synthetic cannabinoids such as delta-8 and delta-10. With its ever-changing regulatory landscape, residents should stay up to date with the DHSS for any revisions or updates of cannabis laws.