Laws around marijuana are always changing, and if you’re a resident of St. Louis, you may be confused about what the current cannabis laws are. We’re here to make it a little simpler for you.
To put it simply, recreational use is illegal in Missouri. However, in St. Louis medical marijuana is legal for patients with a qualifying condition and a registered state ID card.
What Do the Current Laws Say and What Are the Penalties?
579.015. Possession or control of a controlled substance — penalty. —
- A person commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance, except as authorized by this chapter or chapter 195.
- The offense of possession of any controlled substance except thirty-five grams or less of marijuana or any synthetic cannabinoid is a class D felony.
- The offense of possession of more than ten grams but thirty-five grams or less of marijuana or any synthetic cannabinoid is a class A misdemeanor.
- The offense of possession of not more than ten grams of marijuana or any synthetic cannabinoid is a class D misdemeanor. If the defendant has previously been found guilty of any offense of the laws related to controlled substances of this state, or of the United States, or any state, territory, or district, the offense is a class A misdemeanor. Prior findings of guilt shall be pleaded and proven in the same manner as required by section 558.021.
- In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter or chapter 195, it shall not be necessary to include any exception, excuse, proviso, or exemption contained in this chapter or chapter 195, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
How Are the Laws Changing?
As of April 2021, possession of 10 grams or less is a misdemeanor punishable by a maximum $500 fine and no jail time. The St. Louis County Council voted to reduce penalties for less than 35 grams of recreational marijuana possession from a fine of not more than $1,000 or one year in jail or both to a fine of not more than $100.
In January 2019, the St. Louis County Prosecutor’s Office released a policy memo regarding marijuana which states:
This office will not prosecute the possession of less than 100 grams of marijuana in any capacity. Prosecution of more than 100 grams of marijuana will only be pursued if evidence suggests the sale/distribution of marijuana. APAs will not issue cases, apply for summons or warrants for possession of 100 grams or less of marijuana.
Pending cases: APAs will not proceed with or attempt to accept any plea/finding of guilt for felony or misdemeanor marijuana possession, regardless of amount, without written approval from supervisor.
- Note: immediate action – APAs will file Nolle Prosequis for every pending felony and misdemeanor marijuana possession case no later than January 11, 2018.
- Note: immediate action – APAs will not to request capias warrants for failure(s) to appear on possession of marijuana matters.
Probation violation matters: APAs will not file or pursue Motions to Revoke Probation arising solely from the use or possession of marijuana.
Conditions of bail/bond: APAs will not file or pursue Motions to Revoke Bond arising solely from the use or possession of marijuana.
Counties such as St. Louis and St. Louis county have prosecutors who have made public statements that they will not pursue felony marijuana charges even if over 35 grams. St. Louis county prosecutors Kim Gardner & Wesley Bell have since both announced changes to their offices policies in regard to prosecuting charges for marijuana possession. In 2018, Gardner’s office announced that any amount under 100 grams would be prosecuted in St. Louis City municipal court as an infraction. In 2019, Bell announced to his staff that they would no longer be prosecuting smaller amounts of marijuana, however distribution charges and marijuana accompanied by a weapon will still be prosecuted.
Can You Legally Consume Marijuana in Other Forms?
Technically, yes. There are stores in the St. Louis area that offer edibles like gummies, chocolates, caramels, topical products, and more. These products contain delta-8 THC, a legal cannabinoid that is often combined with CBD, another cannabinoid that’s purported to promote relaxation, among other benefits, without the psychoactive properties. You can purchase these at different locations throughout St. Louis.
How Do I Get A Medical Card in Missouri?
Interested in getting a medical marijuana ID card in Missouri? We’ve got you covered! At Doobie, we make cannabis easy. Learn more about how to get a Missouri medical marijuana ID card here.