Missouri's Mmj Laws: When Will They Take Effect?

Missouri's medical marijuana laws have been in place since 2018, but recreational cannabis was only legalised in the state in 2022. The first day of recreational cannabis sales was 3 February 2023.

Possession limits for medical and recreational use

Missouri voters decided in favour of Amendment 3, legalising the possession, cultivation, and licensed retail sale of cannabis for those aged 21 and older. These changes took effect on 8 December 2022, permitting adults to possess up to three ounces of cannabis and to home-cultivate up to six flowering plants, six immature plants, and six plants under 14 inches for personal use.

Possession limits for medical use

Medical marijuana patients are allowed a standard allotment of six ounces of cannabis within a 30-day period. However, this limit can be exceeded if a physician or nurse practitioner certifies that a patient requires a greater amount.

Possession limits for recreational use

Adults aged 21 and over are allowed to possess up to three ounces of cannabis at any time and purchase up to three ounces in a single transaction.

Amendment 3 and its impact on Missouri's cannabis laws

Amendment 3, a ballot initiative to legalise recreational marijuana use, was passed by Missouri voters in November 2022. The amendment created a licensing program for the legal sale of weed and expunged the criminal records of people with non-violent weed-related charges.

The amendment came into effect on December 8, 2022, and the first legal sales of recreational weed took place on February 3, 2023.

Who can get a license to sell recreational weed in Missouri?

Businesses that have become leaders in the state's medical weed industry were the first to get recreational licenses. The amendment also created a "microbusiness" licensing program to help smaller entrepreneurs and businesses break into the market.

The amendment calls for the automatic expungement of non-violent marijuana charges. Expunging a record means that the court will seal a criminal charge so it is no longer public.

Any person who has a non-violent marijuana charge and is not currently incarcerated, except those with charges for driving under the influence or selling weed to minors, will have their record reviewed and expunged by the courts.

Amendment 3 lengthens the amount of time that medical marijuana cards are valid for. Previously, these cards were valid for one year, but now they are valid for three years. The cost of medical marijuana cards has been reduced to $25. In addition, more health professionals, including nurse practitioners and physicians, will be able to certify people for the medical marijuana program.

The amendment will also expand the amount of weed that medical patients can buy at a time from four ounces to six ounces of weed each month.

Where can you smoke weed?

Smoking weed will be prohibited wherever smoking tobacco is prohibited. The penalty for smoking in public in an area that is not designated for smoking will result in a civil penalty and a fine of no more than $100. Marijuana users will also not be able to consume or possess marijuana on the grounds of any public or private schools or on the grounds of a correctional facility.

Will there be a legal driving limit for weed?

It will still be illegal to smoke while driving or to smoke inside any operating motor vehicle, including trains, aircraft and motor boats. Missouri law doesn't specify a certain level of impairment for driving while under the influence of drugs.

The short answer is yes, but you have some more protections if you are a medical marijuana patient.

Amendment 3 does not prohibit Missouri employers from having policies restricting marijuana use. Amendment 3 prohibits employers from discriminating against or disciplining a current or potential employee just because they are a medical marijuana patient. This means that an employee cannot be disciplined if marijuana shows up in their system on a drug test as long as they are not high or impaired on the job, but only if the person is a registered medical marijuana patient.

The employee protections in Amendment 3 will not extend to non-medical users.

Where cannabis can be legally consumed in Missouri

Missouri has strict laws regarding where cannabis can be legally consumed. While cannabis is legal for medical and recreational purposes in Missouri, there are specific rules and restrictions in place for consumption. Here are the key points to know about where cannabis can be legally consumed in the state:

• Public Consumption: According to the Springfield City Code Section 78-262, it is prohibited to consume cannabis in any public place. This includes streets, highways, sidewalks, parks, parking lots, and common areas of public and private buildings. The Missouri Constitution, Article XIV, Section 1, specifically states that public use of cannabis by medical patients is not allowed, so any restrictions on public consumption apply equally to medical patients and recreational users.
• Consumption in Vehicles: In Springfield, it is prohibited to consume cannabis in a car parked in a public place. Additionally, consuming cannabis in any form by the driver of a vehicle is prohibited, and smoking cannabis by passengers in a moving vehicle is also not allowed.
• Smokefree Air Act: The Springfield Smokefree Air Act of 2011 defines smoking as including tobacco or any other plant product. This means that anywhere smoking cigarettes is prohibited, smoking cannabis is equally prohibited.
• Age Restrictions: Only individuals aged 21 and older can legally consume recreational cannabis in Missouri. For medical cannabis, individuals over the age of 18 with certain qualifying medical conditions and state-issued medical marijuana cards can consume cannabis.
• Licensed Dispensaries: Cannabis can be legally consumed in licensed dispensaries. However, dispensaries must comply with strict regulations regarding the sale and distribution of cannabis.
• Private Residences: Cannabis can be legally consumed in private residences, but it is important to note that consumption is restricted to enclosed and locked facilities for personal, non-commercial use.
• Federal Properties: It is important to remember that marijuana is still illegal at the federal level. Therefore, consuming cannabis on federal properties, such as national parks or federal buildings, is not permitted in Missouri.

Regulations for cultivating cannabis in Missouri

The state of Missouri has strict regulations for cultivating cannabis, whether for medical or recreational purposes. Here are the key regulations to be aware of:

• Age Restriction: Only individuals aged 18 and above with specific qualifying medical conditions and a state-issued medical marijuana card can purchase or use medical cannabis. For recreational use, the minimum age is 21 years.
• Qualifying Conditions: Medical cannabis is available for patients with conditions such as cancer, glaucoma, HIV, AIDS, Tourette's syndrome, and terminal illnesses.
• Purchase and Possession Limits: Medical marijuana patients are allowed to purchase up to 6 ounces of cannabis within a 30-day period. For recreational use, adults aged 21 and above can possess and purchase up to 3 ounces of cannabis per transaction and are limited to possessing up to 3 ounces at any given time.
• Cultivation Limits: Adults aged 21 and over with approved consumer personal cultivation identification cards can cultivate up to six flowering marijuana plants at home for personal use. Additionally, they can have up to six immature plants and six clones. The cultivation must take place in an enclosed, locked facility at a private residence.
• Licensing: A consumer personal cultivation license is required for cultivating cannabis plants at home. The license costs $100 annually.
• Restrictions: Cultivating cannabis near schools, daycares, or churches is prohibited. The cultivation area must be restricted to individuals over the age of 21 and must be secured to prevent access by unauthorised individuals.
• Penalties: Violating the cultivation regulations can result in fines and imprisonment, depending on the amount of cannabis cultivated and the specific circumstances. For example, cultivating more than 35 grams but less than 30 kilograms is considered a Class D felony, punishable by up to 7 years in prison and a maximum fine of $10,000.

Missouri's cannabis history

Missouri's history with cannabis has been a gradual journey towards legalisation, with the state first reducing penalties for cannabis-related offences in 2014, then legalising medical cannabis in 2018, and finally legalising recreational cannabis in 2022.

In May 2014, the Missouri Senate passed Senate Bill 491, which aimed to alleviate medical treatment for people with epilepsy. This bill reduced the punishments and penalties for marijuana-related offences and created a new classification for marijuana-related felonies and misdemeanours.

In July 2014, Governor Nixon signed the Missouri Medical Marijuana Bill (House Bill 2238) into law, legalising the use of CBD oil to treat persistent seizures. The bill allowed the Department of Agriculture to grow industrial hemp for research purposes and permitted the use of hemp extract to treat certain individuals with epilepsy.

In November 2018, Missouri residents approved a ballot measure (Amendment 2) to legalise the medical use of cannabis. The measure allowed qualified patients to grow up to six cannabis plants and purchase a minimum of four ounces of cannabis per month. It also established a 4% tax rate on medical cannabis sales.

In November 2022, Missouri voters approved Amendment 3, legalising the consumption, sale, and purchase of marijuana for adults over the age of 21. This amendment also imposed a 6% tax on marijuana sales and approved the release of non-violent offenders with marijuana-related crimes. Possession of cannabis for adults over 21 became legal in December 2022, and the first licensed sales of recreational cannabis occurred on February 3, 2023.

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