LEARN | LAWS & REGULATIONS
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 .
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.
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
- Cachexia, or wasting syndrome
- Crohn’s disease
- Hepatitis C
- Huntington’s disease
- Inflammatory bowel disease
- Intractable migraines
- 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
- Tourette’s syndrome
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.
State laws do not allow a patient with an out-of-state medical marijuana card or certification to possess medical marijuana in Missouri.
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.
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.
- 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.
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.
The legality of CBD oil in Missouri
Cannabidiol (CBD) products are often thought of as marijuana’s “kinder, gentler” cousins. Lacking the psychoactive high that comes along with the tetrahydrocannabinol (THC) found in marijuana, CBD products won’t get you high — but they are being used to treat everything from epilepsy to chronic pain.
Thanks to a farm bill passed in 2018 by Congress , hemp products were carved apart from regular marijuana, which meant that CBD products with less than 0.3% THC are no longer considered a controlled substance. A similar law was passed in 2018 that exempted industrial hemp from Missouri’s definition of marijuana.
So what’s the problem? Sellers of CBD products can still end up being charged with drug distribution and other criminal offenses simply because of a lack of clarity in the law.
While CBD products have cropped up everywhere, it’s still against federal law to put CBD in food. It’s also illegal to claim that CBD products have health benefits of any kind — despite all of the evidence otherwise. Plus, the state’s laws only exempt industrial hemp products from its list of controlled substances — and CBD can be sourced from either hemp or marijuana.
Experts recommend that sellers be very cautious about their CBD products. The lack of clarity in the laws and the unwillingness of federal authorities to regulate the industry, combined with CBD’s rising popularity, has created a free-for-all in the market. There are a lot of unscrupulous suppliers out there who aren’t really invested in quality control of their products. A product on your store’s shelves could be labeled in a way that violates federal law (by saying that it can treat a medical condition) or it could contain more than 0.3% THC. (When researchers tested CBD products sold online, 43% of samples had more THC than it stated on their labels.)
If you’re charged with a drug crime (or several) related to CBD products , take immediate action to protect your rights and your future.
Cannabidiol (CBD) products are often thought of as marijuana's "kinder, gentler" cousins. Lacking the psychoactive high that comes along with the