Missouri Marijuana Laws

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Marijuana possession, sale, and manufacture are regulated by both state and federal law. In Missouri, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (Mo. Ann. Stat. § 195.017.)

While not covered in this article, it is also a crime to drive under the influence of marijuana in Missouri. For information about charges and penalties for driving under the influence of marijuana in Missouri, see Driving Under the Influence of Marijuana in Missouri.

Marijuana Possession

It is a crime to knowingly or intentionally possess any amount marijuana (including small amounts for personal use) in Missouri. Penalties vary according to the amount possessed.

  • Up to 35 grams. A violation is a misdemeanor, punishable with a fine of up to $1,000, up to one year in jail, or both. (Mo. Ann. Stat. § 195.233(1)&(2).)
  • Between one and 35 grams and 30 kilograms. A violation is a felony, punishable with a fine of up to $5,000, up to seven years in prison, or both. (Mo. Ann. Stat. § 195.202(3).)
  • Trafficking between 30 and 100 kilograms. Someone who possesses, buys, or brings between 30 and 100 kilograms of marijuana into Missouri, is guilty of trafficking drugs in the second degree. A violation is a felony, punishable with a fine between $5,000 and $20,000, between five and 15 years in prison, or both. (Mo. Ann. Stat. § 195.223(7)(1).)
  • Trafficking 100 or more kilograms. Someone who possesses, buys, or brings between 100 or more kilograms of marijuana (or more than 500 marijuana plants) into Missouri, is guilty of trafficking drugs in the second degree. A violation is a felony, punishable with a fine between $5,000 and $20,000, between ten years and life imprisonment, or both. (Mo. Ann. Stat. § 195.223(7)(1)&(8).)

Manufacture, Sales and Trafficking

It is illegal to grow, process, sell or traffic marijuana (or possess marijuana with the intent to do so) in Missouri. Penalties vary according to the amount sold or trafficked.

  • Up to five grams. Penalties include a fine of up to $5,000, up to seven years in prison, or both. (Mo. Ann. Stat. § 195.211(3).)
  • Between five grams and 30 kilograms. Penalties include a fine of between $5,000 and $20,000, between five and 15 years in prison, or both. (Mo. Ann. Stat. § 195.211(3).)
  • Between 30 and 100 kilograms. Penalties include a fine of between $5,000 and $20,000, between ten years and life in prison, or both. (Mo. Ann. Stat. § 195.222(7)(1).)
  • 100 or more kilograms. Someone who makes or sells 100 or more kilograms of marijuana is guilty of trafficking drugs in the second degree. Penalties include a fine of between $5,000 and $20,000, between ten years and life in prison, or both; and the prison term will be served without probation or parole. (Mo. Ann. Stat. § 195.222(7)(2).)
  • Sale within in a house with a child, or near a school or public housing zone. A selling or trafficking incident that involves more than five grams of marijuana and that takes place in a house where a child lives, or within 2,000 feet of a school or public housing zone, is a felony. Penalties include a fine between $5,000 and $20,000, between 10 years and life imprisonment, or both. (Mo. Ann. Stat. § 195.211(2).)

Drug Paraphernalia

It is illegal in Missouri to possess, use, or sell drug paraphernalia (or to possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties vary according to the offense.

Possession and use

Using, or possessing paraphernalia with the intent to use it is a class A misdemeanor, punishable with a fine of up to $1,000, up to one year in jail, or both. (Mo. Ann. Stat. § 195.233(1)&(2).)

Manufacture or sales

 Manufacturing or selling (or possessing paraphernalia with the intent to do so), is a class D felony, punishable with a fine of up to $5,000, up to five years in prison, or both. (Mo. Ann. Stat. § 195.235(1)&(3).)

The Value of Local Legal Representation

If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.

by: , Contributing Author

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