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Missouri Laws & Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

Up to 10g (first offense) Misdemeanor None $ 500
More than 10g - less than 35 g Misdemeanor 1 year $ 2,000
35 g - 30 kg Felony 1 year $ 5,000
More than 30 - less than 100 kg Felony 5 - 15 years $ 20,000
100 kg or more 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
More than 30 - less than 100 kg Felony 5 - 15 years $ 20,000
100 kg or more Felony 10 years - life* $ 20,000
500 plants or more Felony 10 years - life* $ 20,000
Within 2000 feet of a school or 1000 feet of public housing Felony 10 years - life $ 20,000
To a minor Felony 5 - 15 years $ 20,000
* No probation or parole

Cultivation

See Possession and Sale sections for details.

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 4 years $ 5,000

Miscellaneous

Possession or use of marijuana results in a driver's license suspension if under the age of 21.

Penalty Details

Legislation was approved in 2014 to rewrite Missouri's criminal code so that the possession of ten grams or less of cannabis is punishable by a fine only though the offense remains classified as a criminal misdemeanor. These changes took effect on January 1, 2017. The possession of greater quantities of cannabis remains punishable by jail time.

Possession

Possession of up to ten grams for first-time offenders is Class D misdemeanor, punishable by a maximum fine of $500.00, but no jail time. Those convicted will have a criminal record.

Possession of over 10 grams but 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 $2,000. Second-time marijuana possession offenses are also classified as a Class A misdemeanor offense, even if the quantity possessed is under 10 grams.

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 more than 30 - less than 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 100 kilograms or more 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
  • Section 558.011 of the Missouri Criminal Code
  • Section 560.011 of the Missouri Criminal Code
  • Section 560.016 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 more than 30 - less than 100 kilograms is a Class A felony which is punishable by a sentence of 5 - 15 years 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
  • Section 558.011 of the Missouri Criminal Code
  • Section 560.011 of the Missouri Criminal Code

Cultivation

Cultivation of 500 plants 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.

All other 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.

See

  • Section 195.223 of the Missouri Criminal Code
  • Section 558.011 of the Missouri Criminal Code
  • Section 560.011 of the Missouri Criminal Code

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
  • Section 558.011 of the Missouri Criminal Code
  • Section 560.011 of the Missouri Criminal Code
  • Section 560.016 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.

Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Decriminalization

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

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 a 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, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

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.

Medical CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC to treat severe, debilitating epileptic conditions.