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Missouri Laws & Penalties
| Offense | Penalty | Incarceration | Max. Fine |
Possession | |||
| Up to 10g (first offense) | Misdemeanor | None | $ 500 |
| Up to 10g (second offense) | Misdemeanor | 1 year | $ 2,000 |
| More than 10g - 35 g | Misdemeanor | 1 year | $ 2,000 |
| More than 35 g - 30 kg | Felony | 7 years | $ 10,000 |
| Possession of more than 35g, but less than 30kg, has often, historically, been charged as intent to distribute. | |||
Sale, Trafficking, or Distribution | |||
Sale, Distribution | |||
| 35 g or less | Felony | 4 years | $ 10,000 |
| More than 35 g - 30 kg | Felony | 3 - 10 years | $ 10,000 |
| To a minor | Felony | 3 - 15 years | Twice profit |
| Distribution near school, recreational park or public housing | Felony | 10 - 30 years, or life | Twice profit |
Trafficking | |||
| Possess or bring into the state more than 30 - less than 100 kg | Felony | 3 - 10 years | $ 10,000 |
| Possess or bring into the state 100 kg or more | Felony | 5 - 15 years | Twice profit |
| Possess or bring into the state 500 plants or more | Felony | 5 - 15 years | Twice profit |
| Distribute, manufacture 30 - less than 100 kg | Felony | 5 - 15 years | Twice profit |
| Distribute, manufacture 100 kg or more | Felony | 10 - 30 years, or life | Twice profit |
Cultivation | |||
| 35 g or less | Felony | 4 years | $ 10,000 |
| More than 35 g | Felony | 3 - 10 years | $ 10,000 |
| Near a school | Felony | 5 - 15 years | Twice profit |
Hash & Concentrates | |||
| Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details. | |||
Paraphernalia | |||
| Possession of paraphernalia (first offense) | Misdemeanor | None | $ 500 |
| Possession of paraphernalia (second offense) | Misdemeanor | 1 year | $ 2,000 |
| Unlawful manufacture | Misdemeanor | 1 year | $ 2,000 |
| Commercial purposes | Felony | 4 years | $ 10,000 |
Miscellaneous | |||
| Public Nuisance - keeping or maintaining room or building used for manufacture, storage or sale is a Felony punishable by up to 4 years imprisonment and a $10,000 fine. | |||
| Prior Drug Offender - if found guilty of any felony offense relating to controlled substances, and, if found guilty of Class C, D or E felony, shall be sentenced to one class higher than the offense. | |||
| Persistent Drug Offender - if found guilty of two or more felony offenses relating to controlled substances, and, if found guilty of Class C, D or E felony, shall be sentenced two classes higher than the offense. If found guilty of a Class B felony, the offender shall be sentenced to the term of imprisonment for a Class A felony—10 to 30 years, or life. | |||
| Abuse and Lose - Possession of controlled substance results in 90-day suspension of driving privilege if under 21. Persons 21 and over will have driving privilege revoked for one year if found in violation of possession or use of controlled substance while operating a motor vehicle. | |||
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.
See
- See Chapter 579, RSMo
- See Section 558.002, RSMo
- See Section 558.011, RSMo
Possession
Possession of up to ten grams for first-time offenders is Class D misdemeanor, punishable by a maximum fine of $500, but no jail time.
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 D felony which is punishable by up to 7 years imprisonment and a maximum fine of $10,000.
*Depending on facts, possession of more than 35g, but less than 30kg, has often, historically, been charged as intent to distribute. Same as Distribution penalties below.
Sale, Distribution
The sale or manufacture of 35 grams or less is a Class E felony which is punishable by up to 4 years imprisonment and a maximum fine of $10,000.
Distribution 35 grams or less to a minor is a Class C felony punishable by a sentence of 3 - 10 years and a fine of $10,000.
The sale or manufacture of 35 grams-30 kilograms is a Class C felony which is punishable by a sentence of 3 - 10 years imprisonment and a fine of $10,000.
Distribution 35 grams-30 kilograms or less to a minor is a Class B felony punishable by a sentence of 5 - 15 years and a fine of 2x profit.
Distribution near school, recreational park or public housing is a Class A felony punishable by a sentence of 10 - 30 years, or life imprisonment and a fine of 2x profit.
Trafficking
Possess or bring into state 30 - 100 kilograms is a Class C felony punishable by a sentence of 3 to 10 years and a fine of $10,000.
Possess or bring into state 100kg or more or 500 plants or more is a Class B felony which is punishable by a sentence of 5 - 15 years imprisonment and a fine of 2x profit.
Distribute, manufacture 30 - less than 100 kg is a Class B felony which is punishable by a sentence of 5 - 15 years imprisonment and a fine of 2x profit.
Distribute, manufacture 100 kg or more is a Class A felony which is punishable by a sentence of 10 - 30 years, or life imprisonment and a fine of 2x profit.
Cultivation
35 grams or less is a Class E felony which is punishable by up to 4 years imprisonment and a maximum fine of $10,000.
35 grams or more is a Class C felony which is punishable by a sentence of 3 - 10 years imprisonment and a fine of $10,000.
Any amount near school Class B Felony punishable by a sentence of 5 to 15 years and a fine of 2 x profit.
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 fine of $500 for a first offense. A second offense is punishable a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.
Unlawful manufacture of paraphernalia is a misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.
For commercial purposes, manufacture of paraphernalia is a felony is punishable by a maximum sentence of 4 years imprisonment and a maximum fine of $10,000.
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.
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.
Local Decriminalization
This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
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 in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.
Medical Marijuana
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see: Medical Use.
ASPEN LEGAL SEMINAR
5/30/2019
