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Cannabis Laws in Missouri

Adult-use and medical cannabis legal in Missouri since 2022 and 2018, with constitutional protections.

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This article is general information, not legal advice. Laws change; check current rules with official sources or a lawyer.

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Missouri's cannabis laws are written into the state constitution, making them harder to reverse than typical statutes. Adult-use is legal and widely available through licensed dispensaries, but tax stacking between cities and counties can push total taxes above 20%. Home grow requires registration. Medical patients have better deals: lower taxes, higher possession limits, and access at 18. Expungement of past convictions has been slow and uneven across counties.

Missouri voters approved Amendment 3 in November 2022, which amended the state constitution to legalize adult-use cannabis for people 21 and older [1]. The amendment took effect December 8, 2022, and licensed retail sales to adults began February 3, 2023 [2].

Medical cannabis was legalized earlier through Amendment 2, approved in November 2018 [3]. Existing medical dispensaries were given a path to convert to "comprehensive" licenses that serve both medical patients and adult consumers.

Because both programs are written into the Missouri Constitution rather than passed as ordinary statutes, the legislature cannot repeal or substantially weaken them without another constitutional amendment approved by voters Strong evidence.

⚠️ This article is informational and not legal advice. Cannabis laws change and vary by municipality. Verify current rules with the Missouri Division of Cannabis Regulation or a licensed Missouri attorney before relying on anything here.

Possession and personal use

Adults 21 and older may possess up to 3 ounces of cannabis flower (or equivalent in other forms) without a medical card [1][2]. Registered medical patients may possess up to 6 ounces in a 30-day period [3].

Possession above 3 oz but under 6 oz by a non-patient is an infraction with a fine; larger amounts can still be charged as misdemeanors or felonies [1] Weak / limited. Public consumption remains illegal—smoking, vaping, or consuming cannabis in public spaces is prohibited Strong evidence. Consumption in a moving vehicle follows open-container-style rules and applies to both drivers and passengers Strong evidence. Driving while impaired by cannabis is prosecuted under Missouri's DWI statutes Strong evidence.

Cannabis remains federally illegal under the Controlled Substances Act, so federal land (national parks, military bases, post offices) and federally regulated activities (firearms purchases, certain federal jobs) are not covered by state legalization [4].

Home cultivation

Missouri allows home cultivation for both adult-use and medical consumers, but you must register with the Division of Cannabis Regulation and pay a fee [2]. Registration costs vary by program (adult-use and medical have different fees) Strong evidence.

A registered individual may grow up to:

Plants must be grown in a locked, enclosed space not visible from public view. Only the registered cultivator may access the plants. Two registered cultivators may share a household, doubling the plant count for that residence [2].

Unregistered home grow—even one plant—remains illegal under Missouri law and can be prosecuted Strong evidence. Renters should check lease terms, as landlords may prohibit cultivation even where it is legal under state law.

Retail, taxes, and local-tax stacking

Adult-use cannabis is sold through licensed dispensaries regulated by the Missouri Division of Cannabis Regulation (DCR) [2]. The state levies a 6% excise tax on adult-use sales (medical sales are taxed at 4%) [1][2].

Amendment 3 allows local governments (cities and counties) to add up to 3% in local sales tax, but only with voter approval [1]. This has created a contentious situation: many counties attempted to stack their 3% tax on top of a city's 3% tax within incorporated areas, potentially doubling the local tax burden. Dispensaries and state officials argued only one local tax should apply inside city limits.

In late 2024, the Missouri Supreme Court ruled in favor of tax stacking, determining that both city and county governments can charge their 3% local tax in many jurisdictions [5] Strong evidence. For consumers, this means total tax on adult-use cannabis in some Missouri areas can exceed 20% when state sales tax, the 6% state excise, and stacked local taxes are combined.

Medical patients pay the lower 4% state excise tax and may also face local taxes, depending on their jurisdiction.

Medical program

Missouri's medical cannabis program remains active alongside adult-use. Patients get:

Qualifying conditions include cancer, epilepsy, glaucoma, intractable migraines, chronic medical conditions causing severe pain, PTSD, HIV/AIDS, and a physician-discretion category for any condition where a physician believes cannabis would help [3][5] Strong evidence.

Cards are issued by the DCR and typically valid for up to three years. Medical patients registered in Missouri can purchase from any licensed dispensary [5].

Expungement of prior convictions

One of Amendment 3's most significant provisions involves automatic expungement of most non-violent cannabis convictions for offenses now legal under the amendment [1]. Courts were directed to identify and expunge eligible misdemeanor records by June 8, 2023, and eligible felony records by December 8, 2023 Strong evidence.

Progress has been uneven across the state. Significant backlogs were reported in some counties as of 2024, and local court capacity has varied widely Weak / limited. People with prior cannabis convictions who believe they qualify but have not seen their records expunged can petition the court directly for relief.

Expungement removes the offense from a person's public criminal record and generally allows them to answer "no" when asked if they have been convicted of a crime, with limited exceptions for certain professional licenses and public positions.

What remains illegal

Even with legalization, the following remain prohibited in Missouri:

Employers may still maintain drug-free workplace policies and test for cannabis; however, registered medical patients have some limited protections against adverse employment action in Missouri [2] Weak / limited. Landlords may prohibit smoking and home cultivation in rental properties, and local ordinances may be more restrictive than state law.

Sources

  1. Government Missouri Constitution, Article XIV (as amended by Amendment 3, 2022). Right to Cannabis.
  2. Government Missouri Department of Health and Senior Services, Division of Cannabis Regulation. Adult-Use and Medical Cannabis Program information.
  3. Government Missouri Constitution, Article XIV, Section 1 (Amendment 2, 2018). Medical Marijuana.
  4. Government U.S. Drug Enforcement Administration. Controlled Substances Act, Schedule I listing of marijuana.
  5. Government Missouri Division of Cannabis Regulation. Medical Patient and Cultivation Registration Information.
  6. Reported Missouri Independent (2024). Missouri Supreme Court rules counties can stack marijuana sales taxes on cities.

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