Missouri Cannabis Laws: Complete Legal Guide 2026
Missouri became one of 24 states to legalize recreational cannabis when voters approved Constitutional Amendment 3 on November 8, 2022. Adult-use sales began February 3, 2023. The state's medical cannabis program has been operational since 2018 under Amendment 2.
Is Marijuana Legal in Missouri?
Yes, both medical and recreational marijuana are legal in Missouri:
- Medical Cannabis: Legal since 2018 (Amendment 2)
- Adult-Use Cannabis: Legal since December 8, 2022 (Amendment 3)
- Adult-Use Sales: Began February 3, 2023
- Home Cultivation: Legal for adults 21+ (up to 6 flowering plants)
Key Legislation
| Law | Citation | Effective Date |
|---|---|---|
| Amendment 2 (Medical) | Article XIV, Missouri Constitution | November 2018 |
| Constitutional Amendment 3 (Adult-Use) | Article XIV, Sections 1-8, Missouri Constitution | December 8, 2022 |
| Division of Cannabis Regulation Rules | 19 CSR 100 | Ongoing |
Division of Cannabis Regulation (DCR)
The Division of Cannabis Regulation (DCR) under the Missouri Department of Health and Senior Services (DHSS) oversees all cannabis licensing and regulation.
Contact Information:
- Website: health.mo.gov/safety/cannabis
- Phone: (866) 219-0165
- Email: medicalmarijuana@health.mo.gov
- Patient Portal: Missouri Medical Marijuana Registry
Adult-Use Cannabis (Amendment 3)
Under Constitutional Amendment 3, adults 21 and older may:
Possession Limits:
- 3 ounces of dried cannabis (or equivalent)
- 24 grams of cannabis concentrate
- Up to 6 flowering marijuana plants for personal home cultivation
- 6 non-flowering plants (over 14 inches) and 6 clones (under 14 inches)
Home Cultivation:
- Up to 6 flowering plants per person (max 12 per household if 2+ adults)
- Plants must be in an enclosed, locked facility
- Not visible from public areas without aids
- $100 cultivation license required for home grow
- Cannot use volatile solvents for extraction
Prohibited Activities:
- Public consumption of cannabis
- Consumption while operating a motor vehicle
- Providing cannabis to persons under 21
- Possession on school grounds or federal property
- Consumption in the workplace (unless permitted by employer)
- Exceeding possession limits
Medical Cannabis Program (Amendment 2)
Missouri's medical cannabis program operates under Article XIV of the Missouri Constitution, established through Amendment 2 in 2018.
Qualifying Medical Conditions:
- Cancer
- Epilepsy
- Glaucoma
- Intractable migraines and other chronic, severe headaches
- Chronic medical conditions causing severe, persistent pain
- Conditions causing persistent muscle spasms (including MS)
- Debilitating psychiatric disorders (including PTSD, if diagnosed by a physician)
- HIV/AIDS
- Hepatitis C
- Amyotrophic lateral sclerosis (ALS)
- Inflammatory bowel disease (IBD)
- Crohn's disease
- Huntington's disease
- Autism
- Neuropathies
- Sickle cell anemia
- Agitation of Alzheimer's disease
- Cachexia/wasting syndrome
- Terminal illness certified by a physician
- Any chronic, debilitating, or other medical condition that a physician recommends for treatment
Medical Patient Benefits:
- Higher possession limits (up to 4 ounces per 30 days)
- Tax exemption from the 6% cannabis sales tax
- Priority patient access at dispensaries
- Home cultivation with $100 cultivation card
Taxation
Adult-Use Cannabis:
- 6% state cannabis sales tax
- Standard 4.225% state sales tax also applies
- Local sales taxes may apply
- Total tax: approximately 10-15% depending on jurisdiction
Medical Cannabis:
- Exempt from the 6% cannabis sales tax
- Still subject to standard state/local sales tax
Penalties for Violations
Amendment 3 significantly reformed Missouri's cannabis penalties:
Decriminalization (Adults 21+):
| Violation | Classification | Penalty |
|---|---|---|
| > 3 oz personal use | Civil violation | Fine only |
| Public consumption | Civil violation | Fine up to $250 |
| Smoking in vehicle (driver) | Civil violation | Fine |
Criminal Penalties: Under Missouri Revised Statutes §579.015:
| Offense | Classification | Penalty |
|---|---|---|
| Possession > 10g (no card, under 21) | Class D Misdemeanor | Up to $500 fine |
| Possession 10-35g (no card, under 21) | Class A Misdemeanor | Up to 1 year, $2,000 fine |
| Distribution without license | Class C Felony | Up to 7 years, $10,000 fine |
| Distribution to minor | Enhanced Felony | Up to 15 years |
| Distribution near school | Enhanced penalties | Additional 2-15 years |
Note: Amendment 3 also provides for automatic expungement of certain past cannabis convictions.
Driving Under the Influence
Driving under the influence of cannabis is prohibited under Missouri Revised Statutes §577.010. Missouri has a behavioral impairment standard rather than a per se THC limit.
DUI Penalties:
- 1st offense: Class B misdemeanor, up to 6 months jail, $1,000 fine
- 2nd offense: Class A misdemeanor, up to 1 year jail, $2,000 fine
- 3rd offense: Class D felony, up to 7 years in prison
Medical patients are NOT exempt from DUI laws. Using a medical card is NOT a defense if impaired while driving.
Employment Rights
Amendment 3 includes some employee protections:
- Employers cannot discriminate against registered patients solely for having a medical card
- Employers may prohibit cannabis use/impairment during work hours
- Employers may maintain drug-free workplace policies for safety-sensitive positions
- Employers may take action if an employee is impaired at work
- Federal contractors and safety-sensitive positions may have different requirements
Local Regulations
Under Amendment 3, local jurisdictions may:
- Limit the number of cannabis establishments (cannot impose lower cap than Amendment 3 allows)
- Establish zoning requirements and buffer zones
- Require local licenses in addition to state licenses
- NOT ban the possession or personal use of cannabis by adults
- NOT prohibit licensed dispensaries from operating
- Allow or prohibit on-premises consumption establishments
Social Equity Provisions
Amendment 3 created one of the most comprehensive social equity programs:
- Microbusiness licenses reserved for equity applicants
- Priority licensing for individuals from disproportionately affected communities
- Automatic expungement of certain cannabis convictions
- Community reinvestment fund from cannabis tax revenue
- Lottery system for new licenses with equity priorities
Key Resources
- Division of Cannabis Regulation: health.mo.gov/safety/cannabis
- Patient Services: Patient Registration Portal
- Facility Licensing: Facility Information
- Licensed Dispensaries: Find a Dispensary
- Missouri Constitution Article XIV: revisor.mo.gov
- FAQs: Cannabis FAQ
Timeline of Legalization
| Date | Event |
|---|---|
| November 6, 2018 | Amendment 2 approved (medical cannabis) |
| 2020 | First medical dispensary sales |
| November 8, 2022 | Amendment 3 approved (adult-use cannabis) |
| December 8, 2022 | Personal possession and home cultivation become legal |
| February 3, 2023 | Adult-use sales begin at licensed dispensaries |
| Ongoing | Microbusiness licensing and social equity programs expand |
This information reflects Missouri cannabis laws as of December 2025. Always consult official state sources and legal counsel for the most current requirements.