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How To Get A Medical Marijuana Card In Missouri

medical marijuana card

You can apply for a Missouri medical marijuana card starting July 4, 2019, and medical marijuana is expected to be available by January 2020.

How To Get A Medical Marijuana Card

Here’s how to get a medical marijuana card in Missouri:

  • You must be at least 18 years old
  • You must be a legal resident of Missouri
  • You must have been diagnosed with a “qualifying condition”
  • You must apply for a medical marijuana identification card from the Missouri Department of Health and Senior Services

What Medical Conditions Qualify You For A Medical Marijuana Card

You may qualify for a Missouri medical marijuana card if you have been diagnosed with cancer, glaucoma, epilepsy, multiple sclerosis, Crohn’s disease, Parkinson’s disease, or many other chronic conditions.

Here is a list of qualifying conditions for medical marijuana.

When Can You Apply For A Medical Marijuana Card

Applications for Missouri medical marijuana cards will be accepted starting July 4, 2019.

Applications for medical marijuana are not available yet. You can check with the Missouri Department of Health and Senior Services online to see if the application is available. They expect that an online application will be available no later than June, 4, 2019.

Once your application is approved, you can purchase marijuana from a state-licensed dispensary.

Medical marijuana is tentatively expected to be available by January 2020.

Where To Get More Information About Using, Growing, Or Dispensing Medical Marijuana In Missouri

If you have questions about growing or dispensing marijuana, or applying for a medical marijuana card, you can email the Missouri Department of Health and Senior Services at:  [email protected]

Recreational Marijuana Use Is Still Illegal In Missouri

Even though medical marijuana has been approved in Missouri, recreational marijuana use is still illegal.

If you get caught with marijuana or paraphernalia, you can hire a criminal defense attorney to get your drug charges dismissed or amended to a less serious offense, such as “Littering.”

The outcome of your marijuana case depends on the following:

  • Your criminal history
  • The amount of weed you possessed when police caught you
  • Which court your case is being prosecuted in (municipal court or state court)
  • Your age
  • The skill and experience of your attorney

Some Counties In Missouri Are Not Prosecuting Possession of Marijuana

Prosecutors in St. Louis County Circuit Court and St. Louis City Circuit Court announced in 2018 that they will not prosecute possession of 100 grams or less of marijuana.

In addition, the Prosecutor for Jackson County Circuit Court stated that they will not pursue simple marijuana cases unless they involve impaired driving, children, or selling marijuana.

PLEASE NOTE:  Marijuana possession is still being prosecuted in hundreds of municipal courts throughout Missouri, including St. Louis County and Jackson County. So, just because the prosecutor for the St. Louis County Circuit Court refuses to prosecute marijuana possession does not mean that you can’t be prosecuted for marijuana possession in municipal courts in St. Louis County, such as Maryland Heights, Chesterfield, Bridgeton, Creve Coeur, etc.

Penalties For Marijuana And Drug Paraphernalia Possession in Missouri Can Include Jail Time

Here is a list of the penalties for misdemeanor possession of marijuana and drug paraphernalia in Missouri:

  • 10 Grams or Less of Marijuana (first-time offender) = $500 fine but no jail time
  • 10 Grams or Less of Marijuana (not a first-time offender) = $2,000 fine and 1 year in jail
  • Drug Paraphernalia (first-time offender) = $500 fine but no jail time
  • Drug Paraphernalia (not a first-time offender) = $2,000 fine and 1 year in jail
  • 11 to 35 grams of Marijuana= $2,000 fine and 1 year in jail

What Happens If You Plead Guilty To Possession Of Marijuana?

If you plead guilty to marijuana possession (even if it’s just an ordinance violation in municipal court), you will have a drug conviction on your permanent criminal record.

FOR EXAMPLE:  In St. Louis City Municipal Court, the fine for possession of a small amount of marijuana is only $25 but if you plead guilty, you will end up with a conviction for drug possession on your permanent criminal record.

Having a drug conviction on your record can prevent you from getting a job, renting an apartment, or obtaining federal student aid for college. You can also be evicted from government subsidized housing if you are convicted of marijuana possession.

I discussed why you should not plead guilty to marijuana possession in my previous blog post, “Don’t Plead Guilty To Possession Of 10 Grams Or Less Of Marijuana.”

Missouri Marijuana Laws

Missouri’s law regarding possession of a controlled substance is RSMO 579.015

Missouri’s law regarding unlawful possession of drug paraphernalia is RSMO 579.074

How Much Does It Cost To Fight Your Marijuana Ticket?

Most criminal defense attorneys offer a free consultation and can give you a flat-fee price quote for how much they will charge to represent you. They can also give you an estimate of the outcome of your case.

I discuss this subject in more depth in my blog post, “How To Get Your Marijuana And Drug Paraphernalia Tickets Dismissed Or Reduced To Littering.”

If you can’t afford to hire a private criminal defense attorney, you can contact the public defender’s office in the county in which you were charged to apply for a Missouri public defender.

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For a free consultation about your Missouri marijuana or drug paraphernalia ticket, contact attorney Andrea Storey Rogers at (314) 724-5059 or [email protected]

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How To Keep Possession Of Marijuana Charges Off Your Criminal Record

medical marijuana card

Keep possession of marijuana charges off your criminal record by hiring an attorney to get them dismissed or reduced to a less serious offense.

Missouri Marijuana Penalties Can Include Jail Time

The maximum penalties for misdemeanor possession of a controlled substance (marijuana) or drug paraphernalia in Missouri are:

  • 10 Grams or Less of Marijuana (first-time offender) = $500 fine but no jail time
  • 10 Grams or Less of Marijuana (not a first-time offender) = $2,000 fine and 1 year in jail
  • Drug Paraphernalia (first-time offender) = $500 fine but no jail time
  • Drug Paraphernalia (not a first-time offender) = $2,000 fine and 1 year in jail
  • 11 to 35 grams of Marijuana= $2,000 fine and 1 year in jail

If you plead guilty to any of the criminal offenses listed above, you will have a drug conviction on your criminal record, regardless of whether your case is prosecuted in state court or municipal court. This is true even if you are a first-time offender charged with a crime for which there is no possibility of jail time.

Missouri’s law regarding possession of a controlled substance is RSMO 579.015

Missouri’s law regarding unlawful possession of drug paraphernalia is RSMO 579.074

For more information about Missouri’s marijuana laws, you can read my previous blog post, “Marijuana Has Not Been Decriminalized in Missouri.”

How Long Does Possession Of Marijuana Stay On Your Criminal Record?

If you plead guilty to possession of marijuana or drug paraphernalia, the conviction will stay on your criminal record forever unless you get it expunged.

Missouri’s new expungement law that went into effect January 1, 2018 provides people with the opportunity to expunge misdemeanor marijuana and drug paraphernalia convictions. You must have a clean record for 3 years before filing the petition for expungement, and there is a lifetime limit of 2 misdemeanors that you can get expunged.

I discussed Missouri’s new expungement law in my previous blog post “Missouri’s New Expungement Law Allows Many Misdemeanor & Felony Criminal Records To Be Sealed.”

Why You Should Not Plead Guilty To Possession Of Marijuana

Even if you were caught with just a pipe or a very small amount of pot, you will have a drug conviction on your permanent criminal record if you plead guilty.

Having a conviction for misdemeanor marijuana or drug paraphernalia 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.

An Attorney Can Get Your Marijuana & Drug Paraphernalia Charges Dismissed Or Reduced To A Less Serious Offense

If you have been charged with possession of marijuana or drug paraphernalia, here are your options:

  • Go to court on your own without an attorney and plead guilty (not recommended)
  • Go to court and plead not guilty and have a trial (expensive, and you risk being convicted)
  • Go to court and ask the judge for a continuance of the court date (this gives you more time to hire an attorney)
  • Hire an attorney to get your drug charges dismissed or reduced to a less serious offense, such as “Littering”

Pleading guilty to possession of a controlled substance or drug paraphernalia is a bad idea because you will end up with a drug conviction on your permanent criminal record.

Going to trial for drug possession is risky and expensive, and you lose the opportunity to get a favorable plea bargain deal.

Having an experienced attorney represent you is your best option if you want to avoid having a drug conviction on your criminal record. Your attorney will advocate for you and negotiate the best possible plea bargain deal for you.

The outcome of your case depends on many factors, but your attorney may be able to get your charges completely dismissed or reduced to a less serious offense, such as “Littering.”

What To Do If You Can’t Afford An Attorney To Represent You For Your Marijuana Ticket

In most counties in Missouri, public defenders do not represent people charged with misdemeanor marijuana or drug paraphernalia in municipal court.

If your marijuana or drug paraphernalia case is being prosecuted in state court instead of municipal court and you can’t afford to hire a private attorney, you can contact the Missouri public defender’s office in the county in which you were charged to see if you qualify for a public defender.

You will have to fill out an application and provide proof of your finances before the public defender’s office will consider representing you. If someone paid your bond for you, or if you have any assets, the public defender may refuse to represent you. You could also go to court and ask the judge to appoint an attorney to represent you, but that option is not available in all courts.

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For a free consultation about your Missouri marijuana or drug paraphernalia ticket, contact criminal defense attorney Andrea Storey Rogers at (314) 724-5059 or email Andrea at [email protected]