| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
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| Up to 3 oz** | No penalty | None | $ 0 |
| 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 |
| **Beginning on 12/8/22 | |||
| Possession of more than 35g, but less than 30kg, has often, historically, been charged as intent to distribute. | |||
Sale, Trafficking, or Distribution |
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Sale, Distribution |
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| 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 |
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| 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 |
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| 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 |
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| Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details. | |||
Paraphernalia |
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| 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 |
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| 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
**Missouri voters decided in favor of Amendment 3 legalizing the possession, cultivation, and licensed retail sale of cannabis for those ages 21 and older. Beginning on December 8, 2022, adults will be permitted to possess up to three ounces of cannabis and to home-cultivate up to six flowering plants, six immature plants, and six plants under 14 inches for personal use.
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, but no jail time. A second/subsequent offense is punishable by a sentence of one year imprisonment and a fine of up to $2,000.
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.
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.
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 to a minor is a Class C felony punishable by a sentence of 3 – 15 years and a fine of twice 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 twice 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 twice 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 twice 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 twice profit.
Cultivation
**Missouri voters decided in favor of Amendment 3 legalizing the possession, cultivation, and licensed retail sale of cannabis for those ages 21 and older. Beginning on December 8, 2022, adults will be permitted to possess up to three ounces of cannabis and to home-cultivate up to six flowering plants, six immature plants, and six plants under 14 inches for personal use.
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.
More than 35 grams 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 twice profit.
Hash & Concentrates
The penalties for hashish and concentrates are exactly the same as for marijuana in Missouri.
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
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.
More Information
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. 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. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
EXPUNGEMENT
This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have past marijuana convictions expunged, vacated, otherwise set aside, or sealed from public view.
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 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.
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.