The Basics of Possession & Cultivation of Medical Marijuana in Missouri

Kimberly2 1Author:

Kimberly J. Benjamin, Founder & Managing Attorney

In recent years, laws authorizing the use of medical marijuana have been sweeping the nation, and Missouri is no exception. This change began as a ballot initiative to not only change the law, but to amend the Constitution to allow for medicinal marijuana use and possession. Under this amendment, Missouri residents with a qualifying medical condition may receive a medical marijuana card with the authorization of their doctor. If you meet these qualifications, you now have a constitutional right to use, possess, and cultivate medicinal cannabis as an alternative to prescription drugs. However, there are limits to how much you can use and possess that must be kept in mind as a cardholder in Missouri. If you have a Missouri medical marijuana card, you can have up to four ounces of cannabis in your possession for a 30 day period, but you may be eligible to obtain more than that with two doctor’s certificates. Patients can also cultivate up to six female flowering cannabis plants, six male plants, and six clones at a time as well as make edibles for personal use. Disabled or underage patients also have a right to a caregiver who can possess, administer, and cultivate the cannabis on their behalf. Dispensaries are beginning to open through the end of 2020, but the average medical marijuana patient does not yet have access to a dispensary. Until those dispensaries open up, however, cardholders may obtain their cannabis for cultivation from other sources. From that point on, you must be able to prove that your seeds came from a licensed dispensary. Patients should also keep in mind that they can still get in trouble for trafficking or distribution of marijuana if they give it to someone else for whom they are not an official caregiver. This law does not exclude other cardholders, so it’s best to stick to licensed dispensaries once they begin opening in your area. While Missouri’s medical marijuana laws are some of the most progressive in the nation right now, patients need to take note of the limits. These regulations were quickly thrown together after the constitutional amendment was passed, so we may begin seeing medical marijuana patients facing drug charges due to poor interpretations of the law and conflicts with federal regulations. If you find yourself in this situation, check out our recent webcast on the subject, and please reach out to an attorney for expert advice and advocacy.

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