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Missouri Marijuana Law Updates: 2023 Edition

Amendment 3 this past November narrowly passed 53.09 percent to 46.91 percent, but in the end, Missouri voted to legalize recreational marijuana use. Missouri joined Maryland to become the 20th and 21st states in the country to allow adults to use marijuana for nonmedical purposes.

 

The amendment will go into effect on December 8, which is when the agency that manages the program, the Missouri Department of Health and Senior Services (DHSS), will transition medical license holders already operating to simple recreational licenses. DHSS has already published the first draft of program rules for adult use of cannabis for those ages 21 and up in Missouri.

What Amendment 3 Does

Under Missouri law, people 21 years of age and older can now possess, purchase, consume, and cultivate marijuana. Furthermore, Amendment 3 also allows Missourians with nonviolent marijuana-related offenses to automatically expunge their criminal records.

 

Any person who is currently imprisoned, on probation, or on parole for a misdemeanor marijuana offense or a class E or D felony involving three pounds or less of marijuana can petition a sentencing court to vacate the sentence and order expungement of their record. An expungement should be granted, absent good cause for denial. 

 

Multiple deadlines also take effect with the passage of Amendment 3. Circuit courts across Missouri must order the expungement of misdemeanor marijuana offenses for people no longer incarcerated or on probation or parole within six months of the amendment going into effect around June 2023. 

 

The circuit courts must order expungement of criminal history records upon completion of state supervision for class A, B, or C felony offenses, or class D felony offenses of possession of more than three pounds of marijuana. Sentencing courts must issue adjudications for cases involving misdemeanor marijuana offenses.within 90 days of the amendment going into effect. 

 

Courts must complete adjudication for cases involving class E felony marijuana offenses within 180 days. Sentencing courts must issue adjudications for class D felonies involving 3 pounds or less of marijuana within 270 days. 

 

Missourians who are 21 years of age or older can obtain personal cultivation cards that allow people to have as much as 3 ounces of cannabis and as many as six flowering plants, six nonflowering plants (plants over 14 inches), and six clone plants (plants under 14 inches). Cards will be valid for one year with an annual fee of $150.

 

Missouri does still have a Medical Marijuana Program. In December 2021, NPR reported that St. Louis police would no longer be issuing marijuana citations.

Call Us Today to Schedule a Free Consultation with a St. Louis Criminal Defense Lawyer

If you were recently arrested in the St. Louis area for allegedly unlawful marijuana possession, you are going to need to invest in retaining legal counsel. Bruntrager & Billings, P.C. knows how to defend these cases and will be able to determine your strongest defenses against the criminal charges.

 

Our firm will work tirelessly to help you achieve the most favorable outcome to your case resulting the fewest possible consequences for you. You can call (314) 646-0066 or contact us online to take advantage of a free consultation with our St. Louis criminal defense lawyer.