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Missouri

Is weed legal in Missouri?

Adult-use, or recreational, marijuana is illegal in Missouri.

Medical marijuana is legal for patients with a qualifying condition. Patients must register with the state to obtain an ID card .

Legislation history

The Missouri Legislature in 2014 passed HB 2238 , which created the Missouri Hemp Extract Registration Program (MHERP). It granted Missouri residents diagnosed with intractable epilepsy a registration card that allowed legal possession, purchase, and use of hemp extract as long as it had no more than 0.3% tetrahydrocannabinol (THC) by weight, included at least 5% cannabidiol (CBD) by weight, and contained no intoxicating substances.

Also in 2014, SB 491 made the first-time offense of possession of 10 grams or less of marijuana a misdemeanor punishable by a fine. Possession of greater quantities is considered a felony.

On Nov. 6, 2018, Missouri voters approved Amendment 2 , a ballot initiative to legalize medical marijuana use as recommended by state-licensed physicians and create regulations for licensing and certification. Amendment 2, the Medical Marijuana and Veteran Health-care Service Initiative, went into effect Dec. 6, 2018.

The Missouri Department of Health and Senior Services (DHSS) administers medical marijuana regulations and processes online applications for patients and caregivers. The state’s 4% tax on retail marijuana sales is dedicated to the Missouri Veteran’s Health and Care Fund.

Regulatory authority

Missouri’s medical marijuana program is administered by the Missouri DHSS .

Where is it safe to purchase cannabis in Missouri?

Patients and caregivers with ID cards from DHSS can purchase medical marijuana from a state-licensed dispensary or have it delivered.

The qualifying patient’s physician may certify up to 4 ounces, or 113 grams, of dried, unprocessed marijuana or its equivalent in a 30-day period. For possession limits, 1 ounce, or 28.35 grams, of dried, unprocessed marijuana is equivalent to 8 grams of medical marijuana concentrate or 800 milligrams of THC in infused products.

If a patient possesses an amount of marijuana between the possessor’s legal limit and twice the legal limit, the patient may be fined $200 and have their medical identification card revoked.

All medical marijuana purchased from a dispensary must be in its original packaging.

Where is it safe to consume cannabis in Missouri?

Consumption is only legal in private. Missouri, unlike other states, has a specific provision for property owners to dedicate a consumption space for qualifying patients, who may be accompanied by family, a caregiver, or a physician. Property owners also may limit the use of medical marijuana to non-smokable forms of consumption.

Home cultivation of marijuana in Missouri

Patients with a state-issued medical marijuana identification card and a secure facility may cultivate their own cannabis. Patients must provide the garden’s address, their patient license number, a statement that allows DHSS to inspect the garden, a signature, and payment of fees. Failing to provide access results in the immediate revocation of the license.

All cultivation must take place in an enclosed, locked facility. One patient may have up to six flowering plants, six nonflowering plants taller than 14 inches (35.5 centimeters), and six clones shorter than 14 inches (35.5 centimeters). Two patients may share one enclosed, locked facility. No more than 12 plants may be cultivated in a single space, unless the caregiver is cultivating on behalf of a third patient, in which case they may cultivate a total of 18 plants. The plants must be labeled with the patient’s name, and the cultivation authorization issued by the department must be displayed near the plants.

Medical marijuana registry

Qualifying conditions include:

  • Alzheimer’s disease
  • Amyotrophic lateral sclerosis, or Lou Gehrig’s disease
  • Autism
  • Cachexia, or wasting syndrome
  • Cancer
  • Crohn’s disease
  • Epilepsy
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • Huntington’s disease
  • Inflammatory bowel disease
  • Intractable migraines
  • Neuropathy
  • Post-traumatic stress disorder (PTSD) and other debilitating psychiatric disorders
  • Sickle cell disease
  • Terminal illness
  • Any chronic condition treated with a medication that could lead to dependence
  • Chronic conditions causing severe, persistent pain or muscle spasms including:
    • Multiple sclerosis
    • Parkinson’s disease
    • Seizures
    • Tourette’s syndrome

Providers

Physicians need to complete the physician certification form, which recommends an amount of cannabis and specifies the qualifying condition. It must be uploaded as an attachment to the patient’s application.

Reciprocity

State laws do not allow a patient with an out-of-state medical marijuana card or certification to possess medical marijuana in Missouri.

Lab testing

Licensees are required to have cannabis tested by an independent laboratory. All hemp extract must be tested to meet the maximum potency requirements — less than 0.3% THC by weight, at least 5% CBD by weight, and containing no other psychoactive substances.

Licensing

All growers, manufacturers, processors, retailers, and delivery companies must be licensed by the state. Missouri allows vertically integrated operations. See the FAQ page for updates .

CBD and hemp rules

Is CBD oil illegal in Missouri?

To access CBD oil legally in Missouri, a patient must be approved to participate in the Missouri Hemp Extract Registration Program, commonly called MHERP. Only patients diagnosed with intractable epilepsy are eligible to participate in this program. Patients younger than 18 must register with a parent or guardian.

Patients must apply for a hemp extract registration card allowing the patient to purchase CBD oil from one of two state-licensed facilities. The director’s office of the Division of Community and Public Health oversees the MHERP. Patients also must submit a completed hemp extract registration card indicating that a state-licensed neurologist diagnosed the individual with intractable epilepsy and recommends treatment with hemp extract.

In 2018, the federal Farm Bill removed hemp from the list of controlled substances and effectively legalized hemp and hemp products nationally. Despite this, the MHERP remains in place for medical marijuana patients in Missouri. According to Missouri state authorities who spoke to Weedmaps, all rules and regulations established through the MHERP are intact and operational.

Do you need a prescription for CBD oil in Missouri?

Although a neurologist’s recommendation is not a “prescription,” a recommendation nonetheless functions much the same as a prescription. Patients need one before they can buy CBD oil.

The 2014 Missouri Medical Marijuana Bill requires patients who want to purchase, possess, and consume CBD oil to register first through the MHERP. One key step in signing up for this program is to receive an official evaluation, diagnosis, and recommendation to use CBD oil from a state-approved neurologist.

Before issuing the recommendation, the neurologist must confirm that the patient has intractable epilepsy and that the patient is not responding to at least three treatment options. If all conditions are met, the neurologist may issue the patient a recommendation for the MHERP.

Application process

  • Complete and submit a Missouri Hemp Registration Card application form.
  • Submit a Missouri hemp extract registration neurologist certification form signed by a board-certified neurologist licensed to practice in Missouri, including proof that the physician believes CBD may be useful to the patient.
  • Submit a copy of a valid Missouri state ID card or driver’s license for proof of age and residency.
  • Submit a copy of a record of the neurologist’s evaluation and observation related to the patient’s treatment for intractable epilepsy, along with medical records.

A valid registration card is needed to obtain CBD oil. Cards are valid for one year, and there is no fee to obtain or renew a registration card.

Possession

Patients and their caregivers may not carry more than the legal limit of 20 fluid ounces, or 591.5 milliliters, of low-THC hemp extract. However, if a Missouri physician has signed a waiver, patients may legally obtain and possess more than 20 fluid ounces, or 591.5 milliliters, of CBD oil.

Possession of 10 grams or less of marijuana flower or synthetic marijuana is a misdemeanor. Patients or individuals not registered as patients who knowingly maintain a location where more than 35 grams, or 1.23 ounces, of marijuana is stored, manufactured, distributed, or sold could face felony charges and prison time.

The information contained in this site is provided for informational purposes only, and should not be construed as medical or legal advice.

This page was last updated on September 15, 2020.

View the cannabis & CBD laws & regulations for Missouri.

Hemp-CBD Across State Lines: Missouri

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp cultivation at the federal level. In turn, states have the option to maintain primary regulatory authority over the crop cultivated within their borders by submitting a plan to the USDA.

This federal and state interplay has resulted in many legislative and regulatory changes at the state level. Indeed, most states have introduced (and adopted) bills that would authorize the commercial production of hemp within their borders. A smaller but growing number of states also regulate the sale of products derived from hemp. Our attorneys track these developments in real-time on behalf of multiple clients, and we provide a 50-state matrix showing how states regulate hemp and hemp products.

In light of the rapidly evolving legislative changes, we are also presenting a 50-state series analyzing how each jurisdiction treats hemp-derived cannabidiol (Hemp CBD). Today we turn to Missouri.

On June 1, 2018, Missouri passed House Bill 2034 (“HB 2034”), which has been codified, in part, at MO. St. 195.010, and legalized the cultivation of industrial hemp. Industrial hemp include “industrial hemp commodities and products and topical or ingestible animal and consumer products derived from industrial hemp with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis[.]”

The program became effective on August 28, 2018 and is overseen by the Missouri Department of Agriculture (“MDA”). The MDA published proposed rules, which it recently amended, to align with the USDA hemp interim rules published on October 31, 2019. Accordingly, the MDA has yet to issue licenses under the program.

Although the MDA regulates the cultivation of hemp, the agency does not oversee the production of Hemp-CBD products, including Hemp-CBD foods and beverages. This task seems to fall under the Department of Health’s authority. Missouri law provides that “[a] food shall not be considered adulterated solely for containing industrial hemp, or an industrial hemp commodity or product.” Nevertheless, the state seems to defer to FDA regulations when providing additional resources on hemp and hemp products. The manufacture, distribution and sale of other Hemp-CBD products, including smokable products and cosmetics, is not apparently authorized nor restricted under Missouri law, meaning these products are probably lawful but remain unregulated at the moment.

Despite the enactment of HB 2034, some confusion remains regarding whether it is lawful to sell and possess hemp extracts, including Hemp-CBD oil, in the state. As part of a limited medical cannabis program, Missouri regulates the use of hemp extracts, which are defined as extracts from cannabis plant material that have less than 0.3% THC and at least 5% CBD by weight and contain no other psychoactive substances. Since 2014, access to hemp extracts has been limited to patients suffering from intractable epilepsy that are registered with the Missouri Department of Health. HB 2034 expanded who may legally possess Hemp-CBD, as the bill does not include possession limits. Yet, the Department of Revenues recently reached out to the state’s Attorney General’s office to clarify this issue, asking whether the department could issue sales tax licenses to businesses selling Hemp-CBD. Unfortunately, both the Attorney General’s Office and the Department of Revenue decided not to make the opinion public. This, local reporting explained, led to “a type of don’t-ask-don’t-tell policy, creating an environment in which businesses selling CBD oil can get a sales tax license as long as they don’t say they are selling it.”

Therefore, for the time being, the sale of Hemp-CBD products is unregulated, creating potential liability risks for sellers in the states.

For previous coverage in this series, check out the links below:

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi

Nathalie Bougenies

Nathalie practices corporate law, intellectual property, and cannabis law, focusing on the regulatory framework of hemp-derived CBD products. She enjoys building a deep understanding of our clients’ businesses, industries, and long-term visions, and leverages her broad expertise and international background to help our overseas companies with their foreign direct investment…

Hemp-CBD Across State Lines: Missouri The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the