Yes, a marijuana possession charge can still end up on your criminal record in Missouri, but only in certain situations. Adults 21 and older may legally possess up to 3 ounces, so the charges that remain involve under-21 possession, amounts over the limit, and marijuana in the wrong place. This post explains which marijuana charges are still on the books, how to keep one off your record, and what to do about an older marijuana conviction.
Is Marijuana Possession Still a Crime in Missouri?
Marijuana possession is no longer a crime for adults 21 and older who stay within the legal limit. Missouri voters approved Constitutional Amendment 3 on November 8, 2022, with 53.1% of the vote, and it took effect on December 8, 2022 (Ballotpedia). The amendment added Article XIV, Section 2 to the Missouri Constitution and allows adults 21 and older to possess up to 3 ounces of marijuana.
Possession can still lead to a charge or a ticket in these situations:
- You are under 21.
- You have more than 3 ounces.
- You use marijuana in a public place or in a moving vehicle.
- You drive while impaired by marijuana.
Cities and counties write their own ordinances to follow the amendment, so the same ticket can be handled a little differently in municipal court than in state court. The older marijuana penalties post describes the law as it stood before 2022. If you were charged before December 8, 2022, an older charge may already have been cleared, which is covered below.
What Are the Penalties for Marijuana Possession in Missouri Today?
The penalties for marijuana possession in Missouri today depend on your age and how much you have. Most of the smaller offenses are civil penalties instead of criminal charges, but the penalties grow with repeat offenses and larger amounts.
| Situation | What Missouri law says |
|---|---|
| Age 21+, up to 3 ounces | Legal |
| Age 21+, over 3 ounces | Not protected by Amendment 3; penalties increase with the amount and can include fines or a criminal charge |
| Under 21, 3 ounces or less | Civil penalty of up to $100 plus forfeiture in many city ordinances, often with a drug education option instead of the fine |
Sources: Article XIV, Section 2 of the Missouri Constitution as summarized by FindLaw and KCUR; Missouri city ordinances that follow Article XIV, Section 2 of the Missouri Constitution. The amounts and the number of drug education hours differ by city, so the ordinance in the court that issued your ticket controls.
Andrea defends misdemeanor charges, so a felony charge for a large amount or for selling needs an attorney who handles felonies. Her misdemeanor defense page lists the kinds of cases she takes.
What Happens If You Get Caught With Marijuana Under 21 in Missouri?
If you get caught with marijuana under 21 in Missouri, you can face a civil penalty and forfeiture of the marijuana instead of a jail sentence. Many Missouri city ordinances set that penalty at up to $100 for 3 ounces or less and let a person under 21 attend drug education or counseling instead of paying the fine. Because the ordinance varies by city, read your ticket and confirm the court’s rules before you pay anything.
Under-21 tickets still matter because a court record is a court record. Paying a ticket without asking questions can leave a drug case on your record, which can be a problem for jobs, housing, and scholarships. Ask the court whether the case can be dismissed or reduced after you complete drug education.
Alcohol is a separate charge with its own rules. If your ticket was for underage drinking, MIP is the charge that applies, and Andrea defends those cases.
How Long Does Possession of Marijuana Stay on Your Criminal Record?
A marijuana possession conviction stays on your criminal record forever unless it is expunged. Expungement means a court seals the case so it is treated as if it never happened. Missouri’s expungement process for most other offenses has its own waiting periods and a lifetime limit on how many misdemeanors can be expunged, which Andrea explained in a post on the expungement law.
Marijuana convictions have a separate path under Amendment 3, which is covered in the next section. A charge you resolve the right way now means no conviction to clear later, as the older post on a marijuana ticket and your record also explains.
How Does Amendment 3 Expunge Old Marijuana Convictions?
Amendment 3 expunges old marijuana convictions automatically, without you filing a petition, when the case is eligible. Circuit courts had to expunge eligible misdemeanor marijuana records by June 8, 2023, and eligible felony records by December 8, 2023, as long as the person was no longer in prison or under Department of Corrections supervision (UMKC Expungement Clinic, Clear My Record Missouri).
The felony cases the amendment does not reach include:
- Distribution or delivery to a minor
- Offenses involving violence
- Driving under the influence of marijuana
Courts have expunged about 155,000 marijuana cases so far, according to KCUR in June 2026. That same report said the lists clerks used left out people who were under 21 at arrest and most paper files, so some eligible cases were missed.
What If Your Marijuana Record Was Not Expunged?
If your marijuana record was not expunged, you still have options, although no single statewide fix has been set. KCUR and the Missouri Independent reported in June 2026 that people with missed cases have used these routes:
- Contact the circuit clerk and ask for the case to be reviewed. St. Louis County said it will review cases on request and expunge eligible charges without a petition.
- File a regular expungement petition. Missouri’s regular expungement law limits a person to 3 misdemeanors in a lifetime, and attorneys disagree about whether a missed marijuana case should use up one.
- Ask for a court order through a writ of mandamus, which tells officials to complete a task the law requires.
Check with the court that handled your case before choosing a route, since each court is handling these requests differently. A background check shows what an employer sees, so it is worth looking at your own record first.
Why Should You Not Plead Guilty to a Marijuana Charge?
You should not plead guilty to a marijuana charge without talking to an attorney because a guilty plea puts a drug conviction on your criminal record. Even if you were caught with just a pipe or a very small amount of pot, a conviction can prevent you from getting a job, renting an apartment, getting a scholarship, or obtaining federal student aid. Drug convictions can also cause you to be evicted from government subsidized housing.
A guilty plea can be withdrawn later, but the process is more expensive and takes longer than getting the charge handled correctly the first time. Andrea’s services include withdrawing a guilty plea.
What Are Your Options If You Are Charged With Marijuana Possession?
Your options if you are charged with marijuana possession are to plead guilty, go to trial, ask for a continuance, or hire an attorney. Here is what each one means:
- Go to court on your own and plead guilty (not recommended)
- Go to court, plead not guilty, and have a trial (expensive, and you risk being convicted)
- Ask the judge for a continuance of the court date (this gives you more time to hire an attorney)
- Hire an attorney to get the charge dismissed or reduced to a less serious offense, such as “Littering”
Going to trial is risky and expensive, and you give up the chance at a plea bargain deal. A trial can make sense when there is strong evidence that the police search that found the marijuana was illegal, but it is still a decision to make with an attorney before the court date.
Can an Attorney Get a Marijuana Charge Dismissed or Reduced?
An attorney may be able to get a marijuana charge dismissed or reduced through a plea bargain deal with the Prosecutor and judge. In many courts, a first-time charge can be reduced to a lesser offense such as “Littering,” and you may not need to appear in court. The court will look at your age, your criminal history, and the details of your case, and some judges are stricter than others.
In courts with a strict drug policy, the best plea bargain deal may be an SIS (Suspended Imposition of Sentence) with probation. With an SIS, you plead guilty, pay court costs, and complete probation, which is usually 1 to 2 years of unsupervised (“limited”) probation. If you finish without any violations, the case is closed and no conviction is reported on your criminal record.
An SIS can still be a good outcome, but it is not the same as a dismissal, so ask how the court reports it. The post on fighting a marijuana ticket goes through the choice between a plea bargain deal and a trial.
Can Everyone in the Car Be Charged If Marijuana Is Found?
Everyone in a car can be charged if illegal marijuana is found in it because of something called “constructive possession.” The court presumes everyone in the car knew the marijuana was there and had access to it, even if one person tries to take sole responsibility.
That matters most when the amount is over the limit or a passenger is under 21. Keeping marijuana out of your car, and out of your pocket when you travel, avoids the problem. If you are impaired, do not drive, since driving while under the influence of marijuana is still a crime even though the marijuana itself may be legal.
What Can You Do If You Cannot Afford an Attorney?
If you cannot afford an attorney for a marijuana ticket, you can ask the court about a public defender, but they do not cover every case. Municipal court cases often do not come with a public defender, so ask the court clerk before your court date.
If your case is in state court, you can contact the public defender’s office in the county where you were charged to see if you qualify. You will have to fill out an application and provide proof of your finances, and a public defender may refuse the case if someone paid your bond or you have assets. You can also ask the judge to appoint an attorney, though that is not available in every court.
Frequently Asked Questions
Is Marijuana Still Legal in Missouri?
Marijuana is still legal in Missouri for adults 21 and older, up to 3 ounces. Proposals to change Missouri’s marijuana laws were discussed for the November 2026 ballot, so check the Missouri Secretary of State for the current status. Federal law still treats marijuana as illegal, including on federal property.
How Much Marijuana Is a Felony in Missouri?
A felony marijuana charge in Missouri usually involves an amount well over the legal limit or signs of selling. The exact charge depends on the amount, how it was packaged, and the facts of the arrest. Felony charges need an attorney who handles felonies.
Can You Smoke Marijuana in Public in Missouri?
You cannot smoke marijuana in public in Missouri. FindLaw lists public use as illegal, and use is not allowed in a moving vehicle or a parked vehicle in a public space. City ordinances set the penalty for public smoking, so the ticket itself shows what you are facing.
Will a Marijuana Charge Show Up on a Background Check?
A marijuana charge that ends in a conviction will show up on a background check. A charge that is dismissed or reduced to an offense like “Littering” looks very different to an employer or a landlord. Records that were expunged are treated as if the case never happened.
Can a Marijuana Conviction Be Removed From Your Record?
A marijuana conviction can be removed from your record through expungement. Eligible cases were to be expunged automatically under Amendment 3, and cases that were missed may need a clerk review or a petition. Which route applies depends on your case and the court.
The Bottom Line
The best way to keep a marijuana charge off your criminal record is to deal with it correctly before you plead guilty. Adults 21 and older can legally possess up to 3 ounces, but under-21 possession, amounts over the limit, and impaired driving can still lead to charges. Old convictions may already be expunged, and a missed case can often be fixed.
Andrea handles every call and every case personally. She offers a free consultation with a flat fee price quote up front. Call The Rogers Law Firm to talk through your ticket.
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