Missouri Penalties
| Offense | Penalty | Incarceration | Max. Fine |
Possession | |||
| Less than 35 g | misdemeanor | 1 year | $ 1,000 |
| 35 g - 30 kg | felony | 1 year | $ 5,000 |
| 30 - 100 kg | felony | 5 - 15 years | $ 20,000 |
| More than 100 kg | felony | 10 years - life | $ 20,000 |
| Possession of more than 100 kilograms is considered trafficking. | |||
Sale, Trafficking, or Distribution | |||
| Less than 5 g | felony | 7 years | $ 5,000 |
| 5 g - 30 kg | felony | 5 - 15 years | $ 20,000 |
| 30 - 100 kg | felony | 10 years - life | $ 20,000 |
| More than 100 kg | felony | 10 years - life* | $ 20,000 |
| Within 2000 feet of a school or 1000 feet of public housing | N/A | 10 years - life | $ 20,000 |
| * No probation or parole | |||
Hash & Concentrates | |||
| Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details. | |||
Paraphernalia | |||
| Possession of paraphernalia | misdemeanor | 1 year | $ 1,000 |
| Sale of paraphernalia | felony | 5 years | $ 5,000 |
Miscellaneous (license suspensions, civil damages, etc...) | |||
| Possession or use of marijuana results in a driver's license suspension if under the age of 21. | |||
Penalty Details
Possession
Possession of less than 35 grams is a Class A misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.
Possession of 35 grams- 30 kilograms is a Class C felony which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $5,000.
Possession of 30-100 kilograms is considered trafficking and is a Class B felony punishable by a sentence of 5-15 years and a fine of $5,000-$20,000.
Possession of more than 100 kilograms is considered trafficking and is a Class A felony punishable by 10 years-life imprisonment and fine of $5,000-$20,000.
See:
- Section 195.202.1 of the Missouri Criminal Code
- Section 195.222 of the Missouri Criminal Code
- Section 195.223 of the Missouri Criminal Code
Sale, Trafficking, or Distribution
The sale or manufacture of 5 grams or less is a Class C felony which is punishable by up to 7 years imprisonment and a maximum fine of $5,000.
The sale or manufacture of 5 grams-30 kilograms is a Class B felony which is punishable by a sentence of 5-15 years imprisonment and a fine of $5,000-$20,000.
The sale of 30-100 kilograms is a Class A felony which is punishable by a sentence of 10 years-life imprisonment and a fine of $5,000-$20,000.
The sale of 100 kilograms or more is a Class A felony which is punishable by a sentence of 10 years-life imprisonment with no probation or parole and a fine of $5,000-$20,000.
Sale within 2,000 feet of a school or 1,000 feet of public housing is punishable by a sentence of 10 years-life imprisonment and a fine of $5,000-$20,000.
See:
- Section 195.211 of the Missouri Criminal Code
- Section 195.212 of the Missouri Criminal Code
- Section 195.222 of the Missouri Criminal Code
- Section 195.223 of the Missouri Criminal Code
Cultivation
Cultivation in Missouri will be punished based upon the aggregate weight of the plants found. See the "Possession" and "Sale, Trafficking, or Distribution" sections for further penalty details.
Hash & Concentrates
The penalties for hashish and concentrates are exactly the same as for marijuana in Missouri.
See:
- Section 195.010(24) of the Missouri Criminal Code
- State v. Randall, 540 S.W.2d 156, 159
- State v. Evans, 637 S.W.2d 62 (Mo App. 1982)
(Mo.App.1976) ("Although 'hashish' is not specifically listed in the schedules, it is clearly included within the statutory definition of marihuana.")
Paraphernalia
The possession of paraphernalia is a misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.
The sale of paraphernalia is a felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.
See:
- Section 195.233 of the Missouri Criminal Code
- Section 195.235 of the Missouri Criminal Code
Miscellaneous
Possession or use of marijuana results in a driver's license suspension if the offender is under the age of 21 at the time the offense was committed.
Drugged Driving
This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific threshold. For more information, see NORML's Drugged Driving (DUID) report.
Mandatory Minimum Sentence
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.
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