Missouri voters approved Amendment 3 in November 2022, legalizing recreational marijuana for adults 21 and older. But legalization does not mean all marijuana charges are gone — and it does nothing for cocaine, methamphetamine, fentanyl, or any other controlled substance. Drug charges in Columbia and throughout central Missouri are still serious criminal matters. If you have been charged with a drug offense, contact Bur Oak Legal for a free consultation with Attorney Chris Miller.
(573) 499-0200 — call anytimeMissouri Amendment 3 is a constitutional amendment that Missouri voters approved on November 8, 2022, by approximately 53% of the vote. It became effective on December 8, 2022 — that is the date the new law took effect, immediately changing what was and was not legal in the state. The amendment amended the Missouri Constitution itself, not just a statute, which means the General Assembly cannot simply repeal it without another vote of the people.
The marijuana legalization initiative was not Missouri's first encounter with marijuana policy at the ballot. Missouri voters approved medical marijuana in 2018 through Amendment 2, creating the state's existing medical marijuana framework. Amendment 3 expanded that framework to cover adult use marijuana — meaning any person twenty-one years of age or older, regardless of whether they have a medical condition or a patient registration card. The St. Louis Post-Dispatch (the "Louis Post Dispatch" as it appears in some filings) covered the vote as a significant shift in Missouri's approach to cannabis regulation, noting that it made Missouri one of a growing number of states to legalize recreational marijuana.
The new law is codified in Article XIV, Section 1 of the Missouri Constitution. Implementation flows through Chapter 579 RSMo — Missouri's drug statutes — and through regulations promulgated by the Missouri Department of Health and Senior Services, which administers both the medical marijuana program and the adult use marijuana program. The amendment is sometimes referred to simply as the "missouri amendment" on cannabis, or as a "constitutional amendment" to the Missouri Constitution, distinguishing it from ordinary legislation.
The three-ounce personal possession limit is the cornerstone of what Amendment 3 permits. An adult 21 or older may possess up to three ounces of marijuana for recreational purposes at any time. This includes marijuana flower, as well as concentrates and edibles — though the equivalent weight of concentrates and infused products is calculated differently under state regulations. If you are uncertain whether the quantity or form of marijuana you possess falls within the legal limit, an attorney can advise you.
The law draws a firm line at three ounces. Possession of more than three ounces — even four ounces, even one gram over the limit — is a criminal offense. The threshold between a Class D misdemeanor and more serious charges is 35 grams (approximately 1.2 ounces above the legal limit). Possession of less than six ounces above the limit is a misdemeanor; larger quantities escalate quickly. Officers who encounter marijuana above the prescribed limits will make an arrest. The fact that you were "close" to the legal amount is not a defense.
Important: if you also possess scales, packaging, large amounts of cash, or text messages discussing marijuana sales, a quantity just over three ounces may be charged as distribution rather than simple possession — and distribution is a felony regardless of quantity.
Personal cultivation of marijuana is permitted under Amendment 3 for adults 21 and older at their primary residence. The limit is six marijuana plants total — up to three flowering plants and three nonflowering plants. These are separate categories: you may not have four flowering plants and two nonflowering plants; the flowering plant limit is three, and six nonflowering plants would exceed the total cap. The six-plant cap is a firm limit regardless of how the plants are divided between flowering and nonflowering stages.
All plants must be kept in an enclosed, locked facility at the private residence. A locked basement grow room, a secured closet, or a dedicated locked outbuilding on private property all potentially qualify — as long as the space is not visible to the public and is not accessible to anyone under twenty-one. Growing marijuana outside in an unfenced yard, in a vehicle, or in any location other than the primary residence is not permitted under Missouri law.
Growing more than six plants, growing outside of a primary residence, or failing to keep plants in a properly secured locked facility exposes you to criminal liability. The charges for unlicensed cultivation depend on the number of plants and the circumstances, and can escalate to felony territory for larger grows.
A person who cultivates up to six plants for personal use may possess the resulting harvest for personal use. Unprocessed marijuana from your home garden counts toward your possession limit. You may not sell the harvest. You may transfer up to three ounces at a time to another adult 21 or older without compensation. You may not transfer any amount to anyone under twenty-one.
If you want to do anything commercially with marijuana — processing, packaging, selling, or distributing — you need a state license. Operating outside the licensed system is a felony under Missouri marijuana laws.
Missouri has two parallel marijuana systems: the medical marijuana program established by Amendment 2 in 2018, and the adult use marijuana framework created by Amendment 3 in 2022. Understanding the difference matters because the two systems carry different legal protections, different possession limits, and different consequences if something goes wrong.
The medical marijuana program allows qualifying patients to purchase and possess marijuana for medical use. A qualifying patient must be certified by a physician or nurse practitioner as having a qualifying medical condition — conditions that include cancer, epilepsy, glaucoma, intractable migraines, HIV/AIDS, Crohn's disease, Parkinson's disease, and chronic pain among others listed in the Missouri regulations. Once certified, the patient applies to the Department of Health and Senior Services for a registration card (also called a patient identification card). Medical marijuana cardholders carry this registration card when purchasing from a licensed dispensary.
Missouri medical marijuana cardholders may possess up to four ounces of marijuana per 30-day period — significantly more than the three-ounce limit for adult use. Medical marijuana cardholders who are also registered as home cultivators may grow up to six flowering plants and six nonflowering plants at their primary residence, for a total of twelve plants — double the adult-use cultivation limit.
A primary caregiver is a person designated by a qualifying patient to assist with their medical marijuana use. The primary caregiver holds a caregiver registration card issued by DHSS, which allows them to purchase and possess marijuana on behalf of the patient they serve. Primary caregivers must be 21 or older and meet other qualification requirements. A person acting as a primary caregiver who is found with marijuana and does not have the proper caregiver registration documentation may face charges for unauthorized possession.
A nurse practitioner can certify patients for medical marijuana in Missouri — this expanded access to certification in rural areas where physicians are less available. The certification by a licensed nurse practitioner is sufficient to establish medical use eligibility under Missouri law.
Medical use is regulated differently from recreational use in several ways that matter legally. Medical marijuana cardholders have higher possession limits, higher cultivation limits, and in some employment contexts have slightly different legal standing than recreational users — though neither category provides absolute employment protection. The medical marijuana tax rate is lower than the adult use rate. And medical marijuana identification cards are still required for those who need the medical use framework and its expanded limits.
For legal purposes, the most important distinction is this: if you are found with marijuana above the adult recreational limit but within your medical cardholder limits, your registration card is potentially a defense — but only if you actually have a valid card and are within the prescribed limits for cardholders. Having a card does not protect you from charges if you exceed your medical use limits, if you distribute marijuana, or if you use marijuana in a context otherwise prohibited by Missouri law.
Amendment 3 created a commercial framework for the legal sale of adult use marijuana in Missouri. The licensed dispensary system is what separates legal marijuana commerce from felony distribution — and understanding how it works is important for anyone charged with a marijuana-related offense.
Missouri licenses multiple types of marijuana businesses: dispensaries (retail), cultivators (growing), manufacturers (processing), testing laboratories, and microbusiness facilities. All licensing is administered by the Missouri Department of Health and Senior Services. Amendment 3 required the state to issue equally distributed licenses across Missouri, specifically designed so that each of Missouri's congressional districts receives a minimum number of licensed dispensaries. This geographic distribution requirement was intended to ensure access to legal marijuana across rural Missouri, not just in the urban centers of St. Louis and Kansas City.
Because demand for licenses exceeded supply when the adult use program launched, Missouri used a lottery selection process to award new licenses among qualified applicants. Applicants that met the baseline requirements entered the lottery; licenses were then awarded by random selection. The lottery selection process was a significant source of legal challenges and controversy, as applicants who invested substantially in applications did not receive licenses through the lottery.
The licensing related benefit — meaning the economic advantages that attach to holding a state marijuana license — is substantial. Licensed dispensaries can legally sell marijuana at retail price to adults. Licensed cultivators can legally grow marijuana beyond the six-plant personal cultivation limit. These businesses operate with the state's blessing; unlicensed operations do not.
Entering the licensed marijuana market involves significant initial costs and ongoing annual costs. State licensing fees for dispensaries, cultivators, and manufacturers vary by license type. In addition to initial costs for the application and license itself, licensees bear substantial build-out and operational costs — construction of compliant facilities including surveillance systems, locked facility requirements for marijuana storage, and point-of-sale compliance systems. Initial revenues for new licensees depend heavily on market conditions and location, and it takes time for a new dispensary to build clientele.
Annual costs for maintaining a marijuana license include renewal fees, compliance costs, required testing of all marijuana products, and the regulatory overhead of operating in a highly regulated industry. Annual revenues for the state from marijuana licensing fees and from the six percent sales tax have grown substantially since Amendment 3 took effect.
Missouri imposes a six percent tax on the retail price of adult use marijuana sold at licensed dispensaries. This percent tax is collected at the point of sale. Annual revenues from this tax are directed to veterans' services, public defender programs, drug treatment programs, and various programs serving senior services needs. The Missouri Department of Health and Senior Services oversees the distribution of a portion of these annual revenues to eligible recipients.
The tax on medical marijuana is lower — four percent — than the adult use tax rate, reflecting the medical nature of purchases by qualified patients. The difference in tax rate is one of the remaining incentives for patients to maintain their medical marijuana cardholder registration.
Licensed dispensaries must verify age and identity for every marijuana sale. Acceptable forms include state-issued identification cards, driver's licenses, passports, and other government-issued photo identification. Dispensaries that sell to anyone under twenty-one — or that fail to verify identification — face civil penalty consequences from the state regulator as well as potential criminal liability for employees who make the sale. All marijuana products available for purchase must meet state standards for testing, labeling, and packaging.
Dispensaries may sell marijuana flower, concentrates, marijuana products including edibles, tinctures, and topicals, and marijuana accessories. Certain restrictions apply to what constitutes a retail-ready product — unprocessed marijuana (raw, untreated plant material not packaged for retail) is not sold directly to consumers at most licensed dispensaries. All products sold by licensed dispensaries are tested by licensed testing laboratories for potency and contaminants before sale.
One of the most common misconceptions about Amendment 3 is that it protects employees from discipline for marijuana use. It does not. Missouri employers retain broad authority to restrict marijuana use and to discipline employees who use it — regardless of whether that use was legal under state law.
Under current Missouri law, employers may maintain drug-free workplace policies that prohibit any marijuana use, including legal recreational use under Amendment 3. Employers may test employees for marijuana, and a positive test — even if the use occurred off-duty, on private property, and within the legal limits — is sufficient grounds for disciplinary action including termination. Missouri law does not require employers to establish that an employee was impaired at work; the mere presence of marijuana metabolites in a drug test is sufficient.
Specifically, Missouri employers may:
The legal use standard that some other states have enacted — which prohibits employers from penalizing employees for lawful off-duty activity — does not apply to marijuana use in Missouri in a way that limits employer authority. Amendment 3 is clear that it does not prevent employers from restricting marijuana use, and it does not require employers to accommodate employees who use marijuana for any purpose.
Marijuana metabolites remain detectable in a person's system for days or weeks after use, depending on the frequency of use and the type of test. An employee who used marijuana legally on a Saturday evening may test positive on the following Wednesday — even though they are not impaired at work and have not used marijuana since the weekend. Missouri law does not require employers to distinguish between a test that reflects recent impairment and one that reflects legal use days earlier. Disciplinary action based on a positive result is lawful.
This creates real risks for workers in safety-sensitive industries — transportation, construction, healthcare, manufacturing — where post-accident drug testing is routine. A worker who is involved in a workplace accident and tests positive for marijuana may face termination and may also lose access to workers' compensation benefits in some circumstances, even if the marijuana use had nothing to do with the accident. If you are a worker in this situation, contact Bur Oak Legal — Chris Miller handles both workers' compensation and criminal defense, and the overlap between the two can matter enormously in these cases.
Federal agencies and most federal contractors are not bound by Missouri's marijuana laws. Federal drug-free workplace requirements apply regardless of state law. For employees with security clearances, a positive marijuana test or disclosure of marijuana use can result in revocation of the clearance and loss of employment. If your employment involves federal contracts or federal employment, Amendment 3 provides no protection.
Missouri marijuana regulation is a multi-layered system involving state governmental entities at the top, local governments implementing additional rules in their jurisdictions, and a civil penalty structure for regulatory violations. Understanding who enforces what can help you assess what you are facing if you receive a citation or arrest.
The Missouri Department of Health and Senior Services is the primary state governmental entity administering the marijuana program. DHSS handles licensing, registration cards for medical marijuana cardholders, rulemaking, and compliance enforcement for licensed businesses. DHSS can impose a civil penalty for regulatory violations — licensing violations, sales to underage individuals, failure to meet facility requirements — without referring the matter to criminal prosecution. Civil penalties range from fines to license suspension or revocation.
The Division of Professional Registration within DHSS handles identification cards and the registration card system for medical marijuana patients. Various programs funded by marijuana tax revenues are distributed through DHSS, including funds for senior services, veteran programs, and drug treatment.
Amendment 3 preserves the authority of local governments — cities, counties, and municipalities — to regulate marijuana businesses within their jurisdictions. Local governments may restrict marijuana by:
What local governments cannot do is remove state prohibitions from criminal law or make something a crime that state law says is lawful. Local ordinances can restrict where marijuana businesses operate — they cannot make it a criminal offense for an adult 21 or older to possess two ounces of marijuana when state law says that is legal. The criminal law of marijuana in Missouri is set by the Missouri Constitution and the General Assembly; local ordinances fill in around the edges.
Missouri law prohibits marijuana use in public spaces. This includes parks, sidewalks, parking lots, vehicles in public view, bars, restaurants, and any location visible to or accessible by the general public. Even an adult 21 or older who legally possesses marijuana cannot legally consume it in a public space. This is one of the most commonly cited violations in the post-Amendment 3 environment — people assume that because marijuana is legal, using it openly in public is also legal. It is not.
Law enforcement continues to issue citations and make arrests for public marijuana use. Depending on the circumstances, public marijuana use may result in a fine, a misdemeanor citation, or — if combined with other charges — an arrest. If you have been cited for marijuana use in a public space, an attorney can advise whether the citation can be challenged and what your options are.
Amendment 3 removed certain state prohibitions on marijuana — specifically, those relating to possession of up to three ounces, personal cultivation, and adult use at a private residence. But it left many state prohibitions in place and created new ones to govern the licensed system. Missouri law still prohibits:
Arguments about what Amendment 3 did and did not remove from the list of state prohibitions are fact-intensive and depend on the specific language of the constitutional amendment and implementing statutes. If you are charged with a marijuana offense and believe Amendment 3 should provide a defense, consult a criminal defense attorney — do not make that argument yourself without legal guidance.
Cannabis — marijuana — remains classified as a Schedule I controlled substance under the federal Controlled Substances Act. This classification has not changed, despite legalization efforts in dozens of states. Schedule I means the federal government regards cannabis as having no accepted medical use and a high potential for abuse — placing it in the same category as heroin under federal law. Missouri's Amendment 3 did not and cannot change federal law.
Federal law applies in every location within the United States. It applies with particular force on federally controlled property — national parks, VA facilities, federal courthouses, military bases, federal housing projects, and federal office buildings. Possessing any amount of marijuana on federally controlled property is a federal offense, regardless of state law. Missouri's Amendment 3 provides no defense to federal charges.
Federal law also affects:
Congress has periodically debated rescheduling or descheduling cannabis under federal law, but as of 2026, no change has occurred. Any person who relies on state legalization to justify conduct that violates federal law does so at their own risk — federal prosecution remains possible, and federal public defenders can tell you that federal drug sentences are substantially harsher than state sentences for comparable conduct.
Amendment 3 narrowed — but did not eliminate — the scope of marijuana criminalization in Missouri. Many marijuana-related offenses remain criminal under current law. And all charges for non-marijuana controlled substances are entirely unchanged. Below is a summary of the most common charges that continue to be prosecuted in central Missouri.
Possessed marijuana above the three-ounce limit remains a criminal offense. The specific charge depends on quantity:
Note that the line between less than six ounces and larger amounts is not a legal threshold in the same way — the key line is three ounces (what Amendment 3 permits) and then the quantity thresholds for escalating felony charges. Evidence of intent to distribute can transform a possession charge into a distribution charge at any quantity above three ounces.
Attempting to sell marijuana without a state license is a felony in Missouri, period. Amendment 3 created a licensed retail system — it did not create a right for individuals to sell marijuana to each other. Any unlicensed distribution of marijuana, whether sold for money or exchanged for something of value, is a criminal offense:
Even adult use marijuana — legal possession by a qualifying adult — becomes illegal in certain contexts. Possessing or using adult use marijuana in a school zone, on federally controlled property, in a vehicle in public, or in a location where a local government has prohibited use is an offense. The defense that "it's legal now" does not apply when the person is in a restricted location or in circumstances where even legal marijuana use is prohibited.
Missouri prosecutors continue to prosecute a range of marijuana related offenses that remain criminal after Amendment 3. These include: possession above the legal limit, distribution without a license, cultivation beyond the personal cultivation limits, marijuana use while operating a motor vehicle (DWI — marijuana), and possession by anyone under twenty-one. These certain marijuana related offenses are not affected by the legalization of adult use marijuana — they were carved out of the amendment's protections and remain fully criminal.
Every non-marijuana drug charge in Missouri remains exactly as it was before Amendment 3. The amendment applies only to cannabis. Charges for methamphetamine, cocaine, heroin, fentanyl, prescription drugs without a valid prescription, MDMA, and all other controlled substances are unchanged:
One of the most significant provisions of Amendment 3 — and one that affects tens of thousands of Missourians — is the expungement process it created for prior marijuana convictions. If you were convicted of a marijuana offense that is now legal under the amendment, you may be eligible to have that conviction removed from your criminal record through a court petition process.
Under Amendment 3, a person may petition for expungement of records arising from certain marijuana related offenses that would now be lawful under the amendment. Generally eligible are convictions for:
Convictions that are generally NOT eligible include those that involved: distribution or sale (even small amounts), possession with intent to distribute, possession above amounts now legal under Amendment 3, marijuana offenses combined with weapons charges, or conduct that would still be illegal even after the amendment. The expungement provision is targeted at the specific offenses Amendment 3 made legal — it does not extend to the entire prior history of marijuana law.
Getting criminal records expunged under Amendment 3 is not automatic. You must actively petition the court. The process involves:
Once records are expunged under Amendment 3, the person may legally deny that the conviction occurred in most circumstances. Employers, landlords, and licensing boards conducting background checks will generally not see expunged convictions. This can have a profound effect on employment prospects, housing access, and professional licensing eligibility. Criminal records related to marijuana that remain on file — not yet expunged — continue to appear in background checks and can affect employment and housing today.
The expungement process may appear straightforward, but there are meaningful risks in attempting it without legal guidance. Courts can deny petitions for procedural deficiencies, ineligible offenses, or because the prosecution objects and the court agrees. An attorney can evaluate the specific marijuana related offenses on your record to determine eligibility, prepare the petition correctly, and represent you at any hearing. The cost of a defective petition is real: it may bar a future attempt, and the window for expungement may be time-sensitive in some circumstances.
Bur Oak Legal handles marijuana expungement petitions for clients throughout central Missouri. If you have a prior marijuana conviction and want to know whether you qualify for expungement under Amendment 3, call (573) 499-0200 for a consultation.
Amendment 3 changed Missouri marijuana law in meaningful ways — but drug charges remain serious criminal matters throughout central Missouri. Misdemeanor drug convictions appear on background checks, can affect professional licenses, and carry immigration consequences for non-citizens. Felony drug charges can result in years in prison and a permanent record that affects employment for life.
Even a Class D misdemeanor marijuana conviction — the lowest rung of drug charges in Missouri — can appear in a background check and disqualify you from certain jobs and professional licenses. A Class D felony conviction for drug possession is a permanent mark that affects housing, employment, firearms rights, and in some cases immigration status. Drug trafficking convictions carry mandatory minimum prison sentences — a judge cannot sentence below the minimum no matter how compelling the mitigating circumstances.
The moment police find controlled substances in your presence, the investigation moves fast. Officers will look for corroborating evidence of distribution: text messages, scales, packaging materials, large amounts of cash. Each piece of evidence can escalate the charge. Having a defense attorney involved from the earliest possible stage — before charges are filed if possible — is the best way to preserve options.
Common defense approaches in drug cases include:
Chris Miller handles criminal defense cases at both the state and federal level throughout central Missouri — Columbia, Jefferson City, Sedalia, Rolla, Fulton, and surrounding counties. Chris personally handles every case, from the first consultation through trial if necessary. No handoffs to associates or paralegals. on criminal defense matters.
If you have been charged with a drug offense in Missouri, call (573) 499-0200 before you speak with investigators, before you enter a plea, and before you make any decisions about your case. Free, confidential consultation.
The decisions you make in the first hours after an arrest for a drug offense can have a lasting effect on your case. Here is what you need to know.
The most important thing you can do after a drug arrest is to stop talking. You have the right to remain silent, and you should use it. Police officers are trained interviewers — what you say, no matter how innocent it seems, can be used against you. Statements about where you got the marijuana, what you were planning to do with it, or why you had it can transform a simple possession charge into a distribution charge. Do not try to explain. Do not try to negotiate. Ask for a lawyer, clearly and calmly, and say nothing else.
This is not about being uncooperative — it is about protecting your rights. The Fifth Amendment right against self-incrimination and the Sixth Amendment right to counsel are among the most important protections the Constitution provides. Exercise them.
As soon as you are able, write down everything you remember about the encounter: where you were, what you were doing, what the officers said, whether they asked for consent to search (and whether you gave it), what they searched, and what they found. This information is critically important for building a Fourth Amendment challenge to an unlawful search. Memory fades fast — the more detail you can document immediately, the more useful it will be to your defense attorney.
Your first court appearance — the arraignment — is where you enter a plea. Appearing at your arraignment without an attorney and entering a plea without legal advice is one of the most common mistakes people make in the criminal justice process. An attorney can evaluate the charges, assess the strength of the prosecution's evidence, advise you on whether to seek a diversion program, and negotiate with the prosecutor before you make any admissions.
In Missouri, a public defender will be appointed if you cannot afford an attorney and the charge carries possible incarceration. But if you have resources to hire private counsel, doing so before your arraignment — not after — gives your attorney the most time and the most options. Contact Bur Oak Legal at (573) 499-0200 as soon as possible after any drug arrest. Free initial consultation, confidential, no obligation to retain.
Avoid posting anything about your arrest, your charges, your whereabouts, or anything related to drugs on social media. Prosecutors review social media and can use what they find. A post celebrating marijuana use, a photo of marijuana, or anything that suggests ongoing drug use can be used as evidence of your character, your knowledge, or your intent. Do not discuss your case with anyone other than your attorney.
Missouri voters approved Amendment 3 in November 2022, making adult use marijuana legal for persons twenty-one years of age and older effective December 8, 2022. Adults may now possess up to three ounces of marijuana, grow up to six plants at their primary residence in a locked facility, and purchase from licensed dispensaries. However, possession above three ounces, distribution without a license, possession by anyone under twenty-one, and use in public spaces all remain illegal under Missouri law and federal law.
Yes. Many marijuana related offenses remain criminal after Amendment 3. Possession of more than three ounces is a criminal offense. Distribution or sale of marijuana without a license is a felony. Possession by anyone under twenty-one is a misdemeanor. Driving while impaired by marijuana is a DWI offense. Growing more than six plants remains illegal. Using marijuana in public spaces is prohibited. The amendment removed criminal liability for a specific set of legal marijuana uses — it did not decriminalize marijuana across the board.
Possession of more than three ounces but less than 35 grams above the legal limit is a Class D misdemeanor, carrying a fine of up to $500. Possession of larger quantities escalates to misdemeanor or felony territory. Very large amounts trigger trafficking charges, which carry mandatory minimum prison sentences regardless of intent to sell — the weight of the possessed marijuana alone determines the charge level. If you are also found with scales, packaging, or other distribution-related materials, the charge may escalate to distribution even at smaller quantities.
Not automatically. Amendment 3 created a petition process for expunging certain marijuana related offenses that are now legal — but you must file a petition with the court. Criminal records are not expunged on their own. Eligibility depends on the nature of the offense (possession of three ounces or less of marijuana, personal cultivation within the legal limit, and related offenses). Convictions for distribution, amounts above the new legal limit, or marijuana offenses combined with weapons charges are generally not eligible. An attorney can evaluate your specific situation and file the expungement petition on your behalf.
Yes. To sell marijuana in Missouri you must hold a state-issued dispensary license. Amendment 3 created a licensed retail system through which licensed dispensaries can legally sell marijuana at retail price to adults. Any unlicensed sale or distribution of marijuana is a felony under Missouri marijuana laws — regardless of quantity and regardless of whether both parties are adults over twenty-one. Unlicensed distribution ranges from a Class E felony to a Class B felony depending on quantity and circumstances. Selling marijuana to anyone under twenty-one carries enhanced penalties.
No. Amendment 3 applies only to cannabis — marijuana. Possession, distribution, and manufacturing charges for cocaine, methamphetamine, heroin, fentanyl, and all other controlled substances are completely unchanged. Those charges remain serious felonies under Missouri law with significant mandatory sentences in trafficking cases. Federal charges can apply as well for any controlled substance trafficking.
Yes. Missouri employers retain full authority to maintain drug-free workplace policies and to take disciplinary action — including termination — against employees who use marijuana, even when that use was legal under Amendment 3. Amendment 3 explicitly does not restrict the rights of missouri employers to enforce drug policies. An employee who tests positive for marijuana on a workplace drug test can be fired regardless of when or where the use occurred. Missouri does not currently provide employees with a "legal use" protection for marijuana use comparable to what some other states have enacted.
No. Cannabis remains a Schedule I controlled substance under federal law, and Amendment 3 has no effect on federal law. Possessing marijuana on any federally controlled property — including VA facilities, national parks, federal courthouses, military installations, and federal housing projects — is a federal offense regardless of what Missouri law permits. Federal charges carry their own penalties, which are frequently more severe than state penalties for comparable conduct.
To obtain a medical marijuana card in Missouri, you need certification from a physician or nurse practitioner confirming that you have a qualifying medical condition. The qualifying conditions are listed in Missouri regulations and include cancer, epilepsy, chronic pain, Crohn's disease, HIV/AIDS, and others. Once certified, you apply to the Missouri Department of Health and Senior Services for a patient registration card. Medical marijuana cardholders may possess up to four ounces per thirty-day period and cultivate up to twelve plants — significantly more than the adult use limits. The registration card is your proof of medical marijuana cardholder status when purchasing from a dispensary.
Adults 21 or older may grow up to six marijuana plants for personal use at their primary residence under Amendment 3. The six-plant limit includes both flowering plants and nonflowering plants — you may have up to three flowering plants and three nonflowering plants at any time. All plants must be kept in an enclosed, locked facility that is not visible to the public and not accessible to anyone under twenty-one. The cultivation must occur at your primary residence, not at a secondary property. You may not sell the harvest. Growing more than six plants, growing outside of an enclosed and locked facility, or growing at a location other than your primary residence remains a criminal offense under current Missouri law.
It may. Amendment 3 created an expungement process for certain marijuana related offenses that are now legal under the new law. If your prior conviction was for possessing three ounces or less of marijuana, or for other certain marijuana related offenses that Amendment 3 made legal, you may be able to petition the court to have those records expunged. The process is not automatic and requires a formal petition, service on the prosecutor, and a court order. An attorney can evaluate whether your prior conviction qualifies, handle the filing, and represent you through the process. Contact Bur Oak Legal at (573) 499-0200 to discuss your situation.
Free consultation. Confidential. No obligation to retain. Chris defends criminal cases in Columbia, Jefferson City, Sedalia, Rolla, and throughout central Missouri. on criminal defense matters.