Missouri Marijuana Possession Laws

The maximum penalty for misdemeanor possession of marijuana or drug paraphernalia in Missouri is 1 year in jail and a fine of $2,000.

Drug convictions remain on your permanent criminal record forever and can never be expunged (removed). Having a drug conviction on your record can prevent you from getting a job, renting an apartment, obtaining a loan from a bank, being accepted into college, or receiving federal student loans.

How Much Marijuana Qualifies as a Misdemeanor?

Possession of 35 grams or less of marijuana (weed, pot) is considered a class A misdemeanor in Missouri. (28.35 grams = 1 ounce) Possession of any type of drug paraphernalia (pipe, bong, rolling papers, syringes, needles, etc.) is a class A misdemeanor, as well.

If convicted, the maximum sentence for misdemeanor possession of marijuana or drug paraphernalia is 1 year in jail and a fine of $2,000.

If you are a first-time offender caught with drug paraphernalia or 10 grams or less of marijuana, the maximum penalty is a fine of $500 but no jail time.

How Much Marijuana Qualifies as a Felony in Missouri?  

Possession of more than 35 grams to 30 kg of marijuana is felony drug possession in Missouri. The potential sentence is 7 years in prison plus a fine of $10,000.

How Much Prison Time Can You Get for Drug Paraphernalia Possession?

Possession of drug paraphernalia is a misdemeanor in Missouri, punishable by up to 1 year in prison and a fine of up to $2,000. If you are a first-time offender, the maximum penalty for possession of drug paraphernalia is a $500 fine but no jail time.

Manufacturing Drug Paraphernalia is a Felony

Manufacturing drug paraphernalia for commercial purposes is a felony with a maximum sentence of 4 years in prison and a fine of up to $10,000.

Any Amount Over 30 kg Qualifies as Drug Trafficking  

To qualify as “drug trafficking,” you must be charged with possession of any amount of drugs over 30 kg. Possession of 30 kg to 100 kg is a felony with a potential sentence of 3-10 years in prison plus a fine of $10,000. The penalty for possession of 100 kg or more is 5-15 years in prison and a fine equal to twice the profit.

Penalties for Growing Marijuana in Missouri

Growing 35 grams or less of marijuana is a felony in Missouri. The potential penalty is up to 4 years in prison and a fine up to $10,000.

The penalty for growing more than 35 grams of marijuana in Missouri is 3-10 years in prison and a fine of $10,000.

Higher Penalties for Selling Marijuana Near a School

Any sale of marijuana near a school, park, or public housing increases the penalty to 10 – 30 years, or life in prison and a fine equal to twice the profit.

The maximum penalty for selling 35 grams or less of marijuana to a minor is 5 to 15 years in prison and a fine equal to twice the profit.

Driving While Under the Influence of Drugs (DUID)

Driving while under the influence of drugs (DUID) is treated like a DWI/DUI (alcohol). Unlike a DUI for alcohol, you can be charged with DUID if there is any amount of drugs in your system and a police officer observes that your ability to drive is impaired.

Your Driver’s License Can be Suspended for Under-Age Drug Convictions or Refusal to Take Drug Test

Your driver’s license can be suspended if you are convicted of any offense involving the possession or use of drugs and you were under age 21 at the time of the offense. The suspension may be for 90 days for a first offense or 1 year for a subsequent offense.

If a police officer asks you to take a drug test and you refuse, your Missouri driver’s license will be revoked for 1 year.

See my previous blog post for more information about what to do if you are charged with possession of marijuana or drug paraphernalia in Missouri.

Call St. Louis criminal defense attorney Andrea Storey Rogers at (314) 724-5059 for a free consultation if you have been charged with possession of marijuana or drug paraphernalia in Missouri. Or email Andrea at [email protected].