Missouri Marijuana Laws


Missouri Marijuana Laws: Medical Card in Missouri

On December 6, 2018, Amendment 2, Missouri's new medical marijuana law, took effect. Under this law, patients will be able to consult their doctors about marijuana as a potential source of treatment for their medical treatments. Patients with cancer, HIV, epilepsy, and various other disorders may be eligible for medical marijuana as part of their medical treatment plan. There are many medical conditions that doctors may use marijuana to treat, but they essentially can use it to treat any chronic and debilitating medical conditions if the doctors believe that it is appropriate.

The new law requires that the state health department create an application form for the medical marijuana program no later than June 4, 2019. The patient who wishes to apply to the program, as well as his or her primary caregiver, will have to take the application form to their doctor to have it completed and signed. The state health department must begin accepting applications for the medical marijuana program by July 4, 2019.

Once you turn in the application, the state health department will have 30 days in which to decide whether to issue you a medical marijuana card or reject your application. The only grounds for rejection of your application, however, would be if a state licensed physician did not sign the application; for example, a nurse, nurse practitioner, or chiropractor cannot sign the application form.

Once patients and their caregivers receive their medical marijuana cards, they will be able to legally grow up to six marijuana plants and purchase at least four ounces of marijuana each month from dispensaries.


Decline to Prosecute Marijuana Laws in MO

Missouri joined a majority of other states in legalizing medical marijuana last fall. Although the recreational use of marijuana continues to remain illegal in the state of Missouri and under federal law, residents of some large cities and counties who smoke marijuana may no longer have to worry about being prosecuted for it.

In recent months, prosecutors in the city of St. Louis, Jackson County, and St. Louis County all have announced that they no longer will prosecute most low-level marijuana possession cases. Prosecutors have adopted similar policies in various cities and counties nationwide, including in New York, Pennsylvania, and Virginia.

The St. Louis County prosecutor has declined to charge people who possess less than 100 grams of marijuana. The amount of marijuana that a person possesses is typically indicative of whether the person has the drug for his or her personal usage or whether the person intends to sell or distribute it. In making the policy change, this prosecutor also removed a positive test for marijuana as an independent ground for a violation of probation, recalled warrants related to failure to appear in court on marijuana possession matters, and instructed associate prosecutors to abandon currently pending marijuana possession cases, even those in which prosecutors already had reached a plea bargain.

Generally, the only exceptions to these policies are for individuals who are selling or distributing marijuana, or for those accused of driving while impaired by marijuana. The move is expected to leave overburdened prosecutors free to focus on assault and violent crimes that threaten the safety of Missouri residents.

For residents in these areas, they will receive referrals to treatment if needed, and avoid losing their jobs due to incarceration on a marijuana possession charge. Nonetheless, some Missouri lawmakers have been critical of the move, stating that it is for the legislature to make laws and prosecutors to enforce them, rather than prosecutors simply choosing to not prosecute some laws.

Don't let drug crime charges determine your future. When you are charged with any type of DWI or traffic offense, including those that involve marijuana, you need an experienced criminal defense attorney to represent your interests from the very beginning of your case. We are here to look at the facts of your case, explore your options, and build the strongest defense possible on your behalf.

The Missouri DWI & Criminal Law Center is dedicated to offering you client-focused legal representation and advice throughout your criminal proceedings. When you need the help of an experienced criminal defense attorney, contact The Missouri DWI & Criminal Law Center at (816) 318-7943 or by filling out our confidential online form.