missouri cbd oil billDecember 15, 2021
35 grams or less is a Class E felony which is punishable by up to 4 years imprisonment and a maximum fine of $10,000.
Possession or use of marijuana results in a driver’s license suspension if the offender is under the age of 21 at the time the offense was committed.
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
Distribute, manufacture 30 – less than 100 kg is a Class B felony which is punishable by a sentence of 5 – 15 years imprisonment and a fine of 2x profit.
The sale or manufacture of 35 grams or less is a Class E felony which is punishable by up to 4 years imprisonment and a maximum fine of $10,000.
Any amount near school Class B Felony punishable by a sentence of 5 to 15 years and a fine of 2 x profit.
Distribute, manufacture 100 kg or more is a Class A felony which is punishable by a sentence of 10 – 30 years, or life imprisonment and a fine of 2x profit.
Legislation was approved in 2014 to rewrite Missouri’s criminal code so that the possession of ten grams or less of cannabis is punishable by a fine only though the offense remains classified as a criminal misdemeanor. These changes took effect on January 1, 2017. The possession of greater quantities of cannabis remains punishable by jail time.
Distribution near school, recreational park or public housing is a Class A felony punishable by a sentence of 10 – 30 years, or life imprisonment and a fine of 2x profit.
*Depending on facts, possession of more than 35g, but less than 30kg, has often, historically, been charged as intent to distribute. Same as Distribution penalties below.
35 grams or more is a Class C felony which is punishable by a sentence of 3 – 10 years imprisonment and a fine of $10,000.
This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.
Distribution 35 grams or less to a minor is a Class C felony punishable by a sentence of 3 – 10 years and a fine of $10,000.
Possession of 35 grams- 30 kilograms* is a Class D felony which is punishable by up to 7 years imprisonment and a maximum fine of $10,000.
The possession of paraphernalia is a misdemeanor which is punishable by a fine of $500 for a first offense. A second offense is punishable a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.
This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.
For commercial purposes, manufacture of paraphernalia is a felony is punishable by a maximum sentence of 4 years imprisonment and a maximum fine of $10,000.
Possession of over 10 grams but less than 35 grams is a Class A misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000. Second-time marijuana possession offenses are also classified as a Class A misdemeanor offense, even if the quantity possessed is under 10 grams.
(Mo.App.1976) (“Although ‘hashish’ is not specifically listed in the schedules, it is clearly included within the statutory definition of marihuana.”)
Mandatory Minimum Sentence.
The sale or manufacture of 35 grams-30 kilograms is a Class C felony which is punishable by a sentence of 3 – 10 years imprisonment and a fine of $10,000.
Distribution 35 grams-30 kilograms or less to a minor is a Class B felony punishable by a sentence of 5 – 15 years and a fine of 2x profit.
Possess or bring into state 30 – 100 kilograms is a Class C felony punishable by a sentence of 3 to 10 years and a fine of $10,000.
The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.
Possession of up to ten grams for first-time offenders is Class D misdemeanor, punishable by a maximum fine of $500, but no jail time.
Possess or bring into state 100kg or more or 500 plants or more is a Class B felony which is punishable by a sentence of 5 – 15 years imprisonment and a fine of 2x profit.
The penalties for hashish and concentrates are exactly the same as for marijuana in Missouri.
From here, the petitions need the Attorney General’s approval. They would then go to a public comment period. Financials and the language would need to be approved, then Fair Access could start gathering 171,000 signatures to get it on the ballot.
Now, business owners whose applications were denied in the medicinal process wonder if this will be their ticket in.
KANSAS CITY, Mo. — Missouri activists groups hope initiative petitions for recreational or, adult-use, cannabis will make it on a 2022 ballot.
NORML, the group that worked to legalize medical cannabis in 2018, also is working on an initiative petition for adult-use cannabis. A spokesperson said they will file it soon. The group was obtaining signatures to put the issue on the May 2020 ballot, but COVID-19 got in the way.
“The average, even the every day individuals who won’t be a cannabis consumer, will enjoy benefits because that’s increased tax revenues,” McSwain said. “Maybe we can get some work done on our roads.”
Jones’ applications for a dispensary and cultivation facility at 39th Street and Woodland Avenue were denied, though he owns two cannabis facilities in Oklahoma.
He said the prices in Missouri are outrageously high compared to Oklahoma, a state booming with dispensaries and an open market.
“The idea here is to enable consumers to have access to good products at good prices, to keep the from having to participate in any illicit activities,” Eric McSwain, spokesperson for Fair Access Missouri, said. “We know consumers are already participating in adult use, it’s just not in a legal, regulated market.”
And what makes this effort different from others is that it doesn’t include licensing caps, which is starkly different from the state’s medicinal plan. That effort capped licenses at 348, shutting out more than 1,000 hopeful business owners.
Fair Access Missouri filed several petitions with the Secretary of State’s office and has several more hurdles to cross before citizens could vote on the issue. If any of the petitions make it that far, they would allow people more than 21 years old to use cannabis.
“I think it will allow people to get in on it,” Mike Jones said. “For example, the property you see behind me was meant to be a dispensary.”
Jones said legal recreational cannabis might mean dispensaries on every corner and worries about the quality of the product.
“I think recreational is coming whether I want it or not,” Jones said. “I would like it to stay medical, but I want access for patients who need it at a decent price. That shouldn’t be too much to ask.”
Activists like McSWain said this would also open up the market for more economic benefits.
A bill in the Missouri legislature would have legalized recreational cannabis but all action on the bill ended in May.