Saturday, July 21, 2018
Home Marijuana Laws by State Missouri Marijuana Laws

Missouri Marijuana Laws

Missouri may be the Show-me State, but don’t go showing off your marijuana! With some of the harshest marijuana laws in the country, Missouri residents should be aware of the local paraphernalia laws in order to avoid stiff punishments.

Missouri Marijuana Attorneys

The following Missouri lawyers are actively involved in the practice of cannabis law:

LAW BREAKDOWN

Marijuana is permitted in Missouri only for limited, non-intoxicating medical uses. It is a crime to possess, sell, distribute, traffic, or cultivate the drug for any other reason.

Possession

Simple possession of up to 10 grams, on a first offense, is a misdemeanor punishable by nothing more than a $500 fine. Subsequent offenses are punishable by up to a year in jail and $2,000 in fines.

The penalty for possessing between 10 and 35 grams is a year in jail and a $2,000 fine. It is a felony to possess between 35 grams and 30 kilograms of marijuana, and the maximum penalty is 7 years in prison and $10,000 in fines. Possession of this quantity has historically been considered as intent to distribute.

Sale, Distribution, and Trafficking

Sale

It is a felony to sell, distribute, or traffic any amount of marijuana in Missouri. Where the amount is less than 35 grams, the maximum penalty is 4 years in prison and $10,000 in fines. For amounts of between 35 grams and 30 kilograms, a mandatory minimum of 3 years applies, and the maximum punishment is 10 years and $10,000 in fines.

Selling to a minor, likewise a felony, comes with a mandatory minimum of 3 years, and a maximum penalty of 15 years plus two times the profit made in fines. There are special penalties for distributing marijuana near a school, recreational park or public housing. In these cases, the prison term is between 10 and 30 years, with the fine again determined by the profit made.

Trafficking

For bringing quantities of between 30 and 100 kilograms into the state, the penalty is between 3 and 10 years in prison and $10,000 in fines. When more than 100 kilograms or 500 plants are involved, the potential prison term is 5 – 15 years, and the fine is twice as much as the profit made.

Distribution or manufacture of between 30 and 100 kilograms is punishable by between 5 and 15 years in prison. The potential prison term increases to between 10 and 30 years when the quantity involved exceeds 100 kilograms. Payable fines are twice as much as the profit made.

Cultivation

Cultivation of any amount of marijuana is a felony in Missouri. If the quantity cultivated is less than 35 grams, the maximum punishment is 4 years in prison and $10,000 in fines. When the amount is more than 35 grams, the prison term is between 3 and 10 years, and $10,000 in fines are possible.

Hash and Concentrates

There are no special laws regarding possession, sale, distribution, manufacture, or trafficking of hashish or other marijuana concentrates. They are treated the same as dried cannabis flower, with similar weight limits and penalties.

Paraphernalia

Marijuana paraphernalia is illegal in Missouri unless intended, marketed, and designed strictly for legal use. It is illegal to use, or possess with intent to use, any item that can be used in the production, cultivation, harvesting, processing, testing, analysis, storage, or consumption of marijuana.

On a first offense, possession of paraphernalia is a misdemeanor punishable by no more than a $500 fine. On a second offense, a jail term of 1 year is possible, as well as fines of $2,000.

Unlawful manufacture is a misdemeanor with penalties including a year in jail and $2,000 in fines. When the manufacture is done for commercial purposes, however, the charge is a felony punishable by up to 4 years in prison and $10,000 in fines.

MEDICAL MARIJUANA

Missouri passed legislation allowing the medicinal use of CBD extract in April 2014. To qualify, patients who suffer from seizures must prove that previous treatment regimens have failed.

Qualifying conditions – Intractable epilepsy

Patient possession limits – 20 ounces of marijuana extract containing at least five percent CBD and less than three-tenths of one percent THC

Home cultivation – No

State-licensed dispensaries – Yes

Caregivers – No

Reciprocity – No

Contact information – NA

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession

Up to 10g (first offense) Misdemeanor None $ 500
Up to 10g (second offense) Misdemeanor 1 year $ 2,000
More than 10g – 35 g Misdemeanor 1 year $ 2,000
More than 35 g – 30 kg Felony 7 years $ 10,000
Possession of more than 35g, but less than 30kg, has often, historically, been charged as intent to distribute.

Sale, Trafficking, or Distribution

Sale, Distribution

35 g or less Felony 4 years $ 10,000
More than 35 g – 30 kg Felony 3 – 10 years $ 10,000
To a minor Felony 3 – 15 years Twice profit
Distribution near school, recreational park or public housing Felony 10 – 30 years, or life Twice profit

Trafficking

Possess or bring into the state more than 30 – less than 100 kg Felony 3 – 10 years $ 10,000
Possess or bring into the state 100 kg or more Felony 5 – 15 years Twice profit
Possess or bring into the state 500 plants or more Felony 5 – 15 years Twice profit
Distribute, manufacture 30 – less than 100 kg Felony 5 – 15 years Twice profit
Distribute, manufacture 100 kg or more Felony 10 – 30 years, or life Twice profit

Cultivation

35 g or less Felony 4 years $ 10,000
More than 35 g Felony 3 – 10 years $ 10,000
Near a school Felony 5 – 15 years Twice profit

Hash & Concentrates

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

Paraphernalia

Possession of paraphernalia (first offense) Misdemeanor None $ 500
Possession of paraphernalia (second offense) Misdemeanor 1 year $ 2,000
Unlawful manufacture Misdemeanor 1 year $ 2,000
Commercial purposes Felony 4 years $ 10,000

Miscellaneous

Public Nuisance – keeping or maintaining room or building used for manufacture, storage or sale is a Felony punishable by up to 4 years imprisonment and a $10,000 fine.
Prior Drug Offender – if found guilty of any felony offense relating to controlled substances, and, if found guilty of Class C, D or E felony, shall be sentenced to one class higher than the offense.
Persistent Drug Offender – if found guilty of two or more felony offenses relating to controlled substances, and, if found guilty of Class C, D or E felony, shall be sentenced two classes higher than the offense. If found guilty of a Class B felony, the offender shall be sentenced to the term of imprisonment for a Class A felony—10 to 30 years, or life.
Abuse and Lose – Possession of controlled substance results in 90-day suspension of driving privilege if under 21. Persons 21 and over will have driving privilege revoked for one year if found in violation of possession or use of controlled substance while operating a motor vehicle.