Medical marijuana became legal in Missouri in November of 2018, under Amendment 2. While dispensaries are not open at this time, 192 dispensary licenses have been granted, and are slated to open later this year.
Patients with an approved medical card are allowed to possess cannabis at this time. Recreational cannabis is currently illegal in Missouri.
Patients who do not cultivate their own plants (or have plants cultivated on their behalf) are limited to a 60-day supply of cannabis, and those who do cultivate (or have plants cultivated on their behalf) are allowed to possess up to a 90-day supply. The state defines a 30-day supply as four (4) ounces of dried, unprocessed marijuana or its equivalent.
Under the Missouri Department of Health and Senior Services (DHSS) Rules, “four (4) ounces of dried, unprocessed marijuana per qualifying patient, or its equivalent, in a thirty- (30-) day period. Under Missouri regulations, one eighth (3.5g) of flower = 1g of concentrate, or 100mg of edibles.
Per Article XIV of the Missouri Constitution, a qualifying medical condition is:
Qualifying Conditions for Medical Cannabis in Missouri:
- A chronic medical condition that causes severe, persistent pain or persistent muscle spasms, including but not limited to those associated with multiple sclerosis, seizures, Parkinson’s disease, and Tourette’s syndrome
- A chronic medical condition that is normally treated with a prescription medication that could lead to physical or psychological dependence, when a physician determines that medical use of marijuana could be effective in treating that condition and would serve as a safer alternative to the prescription medication
- A terminal illness
- Amyotrophic lateral sclerosis, inflammatory bowel disease, Crohn’s disease, Huntington’s disease, autism, neuropathies, sickle cell anemia, agitation of Alzheimer’s disease, cachexia, and wasting syndrome.
- Debilitating psychiatric disorders, including, but not limited to, post-traumatic stress order, if diagnosed by a state licensed psychiatrist
- Human immunodeficiency virus or acquired immune deficiency syndrome
- In the professional judgment of a physician, any other chronic, debilitating or other medical condition
- Intractable migraines unresponsive to other treatment
Medical marijuana patients in Missouri are prohibited from consuming in a public place. 19 CSR 30-95.010 defines a public place as any public or private property, or portion of public or private property, that is open to the general public, including but not limited to, sidewalks, streets, bridges, parks, schools and businesses.
The rules note that, “for purposes of designating a non-public place within a public place, the owner or entity of any such property may, but is not required to, provide one or more enclosed, private spaces where one qualifying patient may consume medical marijuana.”
It remains to be seen that this will look like in practice, we will update this section when such spaces become available.
Driving Under the Influence
According to the DHSS, “The patient identification card does not offer individuals protections from violating laws pertaining to operating a motorized vehicle while under the influence. Nothing in Article XIV permits a person to operate, navigate, or be in actual physical control of any dangerous device or motor vehicle, aircraft or motorboat while under the influence of marijuana.”
Each patient may designate up to two caregivers. Caregivers have a limit of no more than three patients.
Missouri Caregiver Requirements
- Qualified patient(s) and their caregiver(s) must be licensed by DHSS.
- Caregivers must be listed as the caregiver for that particular qualified patient on the primary caregiver’s application for an identification (ID) card and on the licensed qualified patient’s approved application.
- Caregivers must submit a Patient Authorization Form with their caregiver application. The Patient Authorization Form, found on the DHSS website, must be completed and signed by the qualified patient.
Caregivers and patients can transport medical cannabis in allowable possession amounts. However, they cannot consume or be under the influence of cannabis while operating the vehicle. Additionally, attempts to import or carry marijuana across the state line are subject to criminal prosecution.
There is no reciprocity between Missouri’s Medical Marijuana Program and other state medical marijuana programs at this time.
Patients and caregivers can grow their own cannabis with a patient cultivation identification card. The application is an additional part of the standard patient card application. There is an added fee of $100 to grow up to six flowering plants per patient. There are also additional specific requirements for the grow space, found here.