Is Weed Legal in Missouri? (2026)

Instrument

Personal Use of Marijuana

Source

https://revisor.mo.gov/main/OneSection.aspx?section=XIV%20%20%20%202&constit=y

Retrieved

2026-11-07

Fingerprint

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Mo. Const. art. XIV, sec. 2, subsection 10, subdivisions (1) to (6)

10. Personal Use of Marijuana.

(1) Subject to the limitations in subsection 3 of this section, the following acts by a person at least twenty-one years of age are not unlawful and shall not be an offense under state law or the laws of any local government within the state or be a basis to impose a civil fine, penalty, or sanction, or be a basis to detain, search, or arrest, or otherwise deny any right or privilege, or to seize or forfeit assets under state law or the laws of any local government:

(a) Purchasing, possessing, consuming, using, ingesting, inhaling, processing, transporting, delivering without consideration, or distributing without consideration three ounces or less of dried, unprocessed marijuana, or its equivalent;

(b) Possessing, transporting, planting, cultivating, harvesting, drying, processing, or manufacturing up to six flowering marijuana plants, six nonflowering marijuana plants (over fourteen inches tall), and six clones (plants under fourteen inches tall) provided the person is registered with the department for cultivation of marijuana plants under this section, provided:

a. The plants and any marijuana produced by the plants in excess of three ounces are kept at one private residence, are in a locked space, and are not visible by normal, unaided vision from a public place; and

b. Not more than twice the number of allowable plants under paragraph (b) of this subdivision are kept in or on the grounds of a private residence at one time.

(c) Assisting another person who is at least twenty-one years of age in, or allowing property to be used for, any of the acts permitted by this section; and

(d) Purchasing, possessing, using, delivering, distributing, manufacturing, transferring, or selling to persons twenty-one years of age or older marijuana accessories.

(2) A person who, pursuant to this section, cultivates marijuana plants that are visible by normal, unaided vision from a public place is subject to a civil penalty not exceeding two hundred and fifty dollars and forfeiture of the marijuana.

(3) A person who, pursuant to this section, cultivates marijuana plants that are not kept in a locked space is subject to a civil penalty not exceeding two hundred and fifty dollars and forfeiture of the marijuana.

(4) A person who smokes marijuana in a public place, other than in an area licensed for such activity by the authorities having jurisdiction over the licensing and/or permitting of said activity, is subject to a civil penalty not exceeding one hundred dollars.

(5) A person who is under twenty-one years of age who possesses, uses, ingests, inhales, transports, delivers without consideration or distributes without consideration three ounces or less of marijuana, or possesses, delivers without consideration, or distributes without consideration marijuana accessories is subject to a civil penalty not to exceed one hundred dollars and forfeiture of the marijuana. Any such person shall be provided the option of attending up to four hours of drug education or counseling in lieu of the fine.

(6) Subject to the limitations of this section, a person who possesses not more than twice the amount of marijuana allowed pursuant to this subsection, produces not more than twice the amount of marijuana allowed pursuant to this subsection, delivers without receiving any consideration or remuneration to a person who is at least twenty-one years of age not more than twice the amount of marijuana allowed by this subsection, or possesses with intent to deliver not more than twice the amount of marijuana allowed by this subsection:

(a) For a first violation, is subject to a civil infraction punishable by a civil penalty not exceeding two hundred and fifty dollars and forfeiture of the marijuana;

(b) For a second violation, is subject to a civil infraction punishable by a civil penalty not exceeding five hundred dollars and forfeiture of the marijuana;

(c) For a third or subsequent violation, is subject to a misdemeanor punishable by a fine not exceeding one-thousand dollars and forfeiture of the marijuana;

(d) A person under twenty-one years of age is subject to a civil penalty not to exceed two hundred and fifty dollars. Any such person shall be provided the option of attending up to eight hours of drug education or counseling in lieu of the fine; and

(e) In lieu of payment, penalties under this subsection may be satisfied by the performance of community service. The rate of pay-down associated with said service option will be the greater of $15 or the minimum wage in effect at the time of judgment.

Instrument

Executive Order 24-10 -- directing DHSS to designate foods containing unregulated psychoactive cannabis products as coming from an unapproved food source / containing an unapproved food additive, and to embargo and condemn such foods; directing Division of Alcohol and Tobacco Control to prohibit sale on liquor-licensed premises

Source

https://www.sos.mo.gov/library/reference/orders/2024/eo10

Retrieved

2026-07-02

Fingerprint

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EXECUTIVE ORDER 24-10

WHEREAS, there are currently no safety standards, packaging requirements, or other regulations related to the safety of consuming unregulated psychoactive cannabis products in Missouri; and

WHEREAS, unregulated psychoactive cannabis products include delta-8 tetrahydrocannabinol (THC), delta-10 THC, hexahydrocannabinol (HHC), tetrahydrocannabinol (THC-O), tetrahydrocannabiphoral (THCP), tetrahydrocannabivarin (THCV), and other similar compounds; and

WHEREAS, numerous Missourians have been negatively impacted by the consumption of foods with unregulated psychoactive cannabis products added to them; and

WHEREAS, Missouri children, and children across the nation, have been hospitalized due to consuming unregulated psychoactive cannabis products; and

WHEREAS, additional actions must be taken to protect consumers, including children, from the sale of foods that include unregulated psychoactive cannabis products; and

WHEREAS, the Missouri Department of Health and Senior Services (DHSS) is tasked with ensuring the protection of the public when it comes to food under Chapter 196, RSMo; and

WHEREAS, the DHSS is tasked with promulgating regulations that conform, insofar as practicable, with those promulgated under federal acts under Section 196.045, RSMo; and

WHEREAS, state law currently prohibits the sale of foods that are adulterated or misbranded under Section 196.015, RSMo; and

WHEREAS, the DHSS has promulgated rules and a Food Code under Section 196.045, RSMo, which align with the United States Food and Drug Administration (FDA); and

WHEREAS, the FDA and the Missouri Food Code require that all food come from approved sources; and

WHEREAS, the FDA and the Missouri Food Code require that food that is not from an approved source shall be discarded; and

WHEREAS, the FDA and the Missouri Food Code require that food additives must be approved food additives or come from approved food sources; and

WHEREAS, there is no unregulated psychoactive cannabis product that has been approved by the FDA as a food additive; and

WHEREAS, the FDA has stated that food additives must receive premarket approval, and the failure to obtain premarket approval causes the food to be marked as adulterated by the FDA; and

WHEREAS, Section 311.660, RSMo, provides the Missouri Division of Alcohol and Tobacco Control within the Missouri Department of Public Safety with the statutory authority to enforce Missouri's alcohol and tobacco laws and regulations to ensure a safe environment for citizens of Missouri; and

WHEREAS, Missouri regulations currently prohibit the sale of controlled substances on liquor-licensed premises, but are silent on the sale of other unregulated psychoactive cannabis products.

NOW, THEREFORE, I, MICHAEL L. PARSON, GOVERNOR OF THE STATE OF MISSOURI, by virtue and authority vested in me by the Constitution and laws of the State of Missouri, do hereby order the DHSS, beginning on September 1, 2024, to designate foods containing unregulated psychoactive cannabis products as foods that come from an unapproved food source or as foods that contain an unapproved food additive that comes from an unapproved food source as set forth in the 2022 FDA Food Code and the 2013 Missouri Food Code, or revisions of said codes. Additionally, the DHSS is to find foods that contain unregulated psychoactive cannabis products are deleterious, poisonous, and adulterated under Sections 196.070, RSMo, and 196.085, RSMo, and to take the necessary steps in accordance with statute and regulation to embargo and condemn any food containing unregulated psychoactive cannabis products. These provisions do not apply to products under the control or purview of the Division of Cannabis Regulation under Article XIV of the Missouri Constitution as long as all psychoactive cannabinoids in those products are sourced from establishments licensed under Article XIV of the Missouri Constitution.

I further direct the DHSS to produce and distribute information regarding how the DHSS will regulate products consistent with this Executive Order.

I further direct the Missouri Division of Alcohol and Tobacco Control to amend its regulations such that unregulated psychoactive cannabis products are prohibited from being sold on the premises of a liquor-licensed facility.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 1st day of August, 2024.

MICHAEL L. PARSON, GOVERNOR

ATTEST: JOHN R. ASHCROFT, SECRETARY OF STATE