Navigating Cannabis Laws in Missouri: What You Need to Know
In recent years, Missouri has seen significant changes in its cannabis laws, culminating in the legalization of recreational marijuana in 2022. As these laws evolve, it’s crucial to stay informed about your rights and responsibilities. Whether you’re a recreational user, medical marijuana patient, business owner, or simply curious about the recent changes, understanding Missouri’s cannabis regulations is key to staying compliant and avoiding legal issues. At Rosenblum Robbins Law Firm, we help clients navigate this complex area of law. In this blog, we’ll cover the current state of cannabis laws in Missouri, common legal issues, and how we can assist you in staying compliant.
Legalization of Recreational Marijuana
On November 8, 2022, Missouri voters approved Amendment 3, legalizing the purchase, possession, consumption, use, delivery, manufacture, and sale of marijuana for personal use for adults over the age of 21. This amendment allows adults to legally possess up to three ounces of cannabis. The possession and use of recreational marijuana became legal on December 8, 2022, and the first licensed sales of recreational cannabis occurred on February 3, 2023.
Home Cultivation
Amendment 3 also permits home cultivation for personal use. Registered individuals who pay a $100 annual fee can cultivate up to six flowering cannabis plants, six nonflowering plants, and six clones. It’s important to note that these plants must be kept in a secure, enclosed area and cannot be visible to the public.
Purchasing Cannabis
Adults aged 21 and over can purchase cannabis from state-licensed dispensaries. The state imposes a 6% sales tax on recreational marijuana sales, with the revenue allocated to various programs, including expunging non-violent cannabis offenses, providing healthcare for veterans, substance abuse treatment, and funding the state’s public defender system. Local governments may also assess an additional sales tax of up to 3%.
Public Consumption and Possession Limits
While possession and private use of marijuana are legal for adults, consuming cannabis in public places remains prohibited. For example, Springfield City Code Section 78-262 prohibits the consumption of marijuana in any public place. Additionally, individuals may possess up to three ounces of marijuana at any time.
Medical Marijuana Program
Missouri continues to operate its medical marijuana program, which was approved by voters in 2018. Patients with qualifying conditions can obtain a recommendation from a certified physician and apply for a medical marijuana card through the Missouri Department of Health and Senior Services (DHSS). Medical marijuana purchases are subject to a 4% state tax in addition to sales taxes.
Legal Implications and Compliance
Despite the legalization of recreational marijuana, there are still legal considerations to keep in mind:
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Driving Under the Influence: Operating a vehicle while under the influence of cannabis remains illegal and can result in DWI charges.
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Employment Policies: Employers are not required to permit employees to be under the influence of marijuana while at work and may enforce drug and alcohol-free workplace policies.
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Federal Law: Cannabis remains illegal under federal law, which can have implications for firearm ownership, federal employment, and other areas.
How Rosenblum Robbins Can Help
Whether you’re facing cannabis-related charges, need assistance with regulatory compliance, or have questions about your rights under the new laws, our attorneys are here to help. We provide:
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Criminal Defense: We’ll work to protect your rights and minimize the impact of any criminal charges.
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Business Consulting: We offer guidance on licensing, compliance, and risk management for cannabis businesses.
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Patient Advocacy: If you’re a medical marijuana patient facing legal issues, we can advocate on your behalf.
Staying informed and proactive is essential in today’s evolving legal landscape. If you have questions or need legal support, contact Rosenblum Robbins Law Firm today.