What are the penalties for cannabis in Missouri?

Missouri uses a graduated system: public consumption is a $100 civil fine (1st offense), possession up to 2x the legal limit is a $250-$1,000 civil fine, and possession over 2x the limit is a Class D felony (up to 7 years and $10,000). DWI is a Class B misdemeanor (up to 6 months and $500). Growing without a card ranges from a $250 fine to felony depending on plant count.

Is possessing too much cannabis a felony in Missouri?

It depends on how much over the limit. Up to 2x the legal limit (e.g., 3-6 oz for recreational users) is a civil fine of $250-$1,000 with no criminal record. Over 2x the limit (e.g., more than 6 oz for recreational) is a Class D felony with up to 7 years in prison and $10,000 fine. There is no misdemeanor middle ground.

What happens if you grow cannabis without a card in Missouri?

Growing fewer than 5 plants without a cultivation card is a $250 civil fine. Growing 5-20 plants without a card is a felony with prison time and substantial fines. The cultivation card costs only $56.27, making it far cheaper than the potential penalties.

Can past cannabis convictions be expunged in Missouri?

Yes. Amendment 3 included an automatic expungement provision for prior cannabis convictions involving conduct that is now legal. This was one of the most comprehensive expungement provisions in any state's legalization measure.

Is public cannabis consumption a criminal offense in Missouri?

Currently no — it is a civil fine of up to $100 for a first offense, not a criminal charge. However, SB 1187 in the General Assembly would re-criminalize it as a Class B misdemeanor. As of March 2026, the bill has not been enacted.

Missouri Cannabis Penalties — Full Guide

Legal Disclaimer: This information reflects Missouri cannabis law as of April 2026 and is for educational purposes only. It is not legal advice. Laws and regulations change — always verify current rules with the Division of Cannabis Regulation or a qualified attorney. Cannabis remains illegal under federal law.

Last verified: March 2026

Missouri's Graduated Penalty System

Amendment 3 established a graduated penalty structure that treats minor violations as civil matters and reserves criminal penalties for more serious offenses. This is a deliberate design — the constitutional framers wanted to ensure that casual mistakes do not result in criminal records, while serious violations still carry meaningful consequences.

Offense	Classification	Penalty
Public consumption (1st offense)	Civil fine	Up to $100
Over limit (up to 2x)	Civil fine	$250–$1,000
Over limit (more than 2x)	Class D felony	Up to 7 years / $10,000
Home growing without cultivation card	Civil violation / Felony	$250 (<5 plants) to felony (5–20 plants)
DWI first offense	Class B misdemeanor	Up to 6 months / $500

Public Consumption: $100 Fine

The lightest penalty in Missouri's cannabis framework is for public consumption. A first offense results in a civil fine of up to $100 — roughly the equivalent of a parking ticket. This is not a criminal charge, does not require an arrest, and does not create a criminal record.

First offense: Up to $100 civil fine
Repeat offenses: May escalate in penalty
No arrest or criminal record

Important: SB 1187 would re-criminalize public consumption as a Class B misdemeanor. As of March 2026, this has not been enacted.

Over-Limit Possession: The Steep Jump

Missouri's possession penalties have a sharp escalation at the 2x threshold. This is the most important penalty detail to understand:

Amount Over Legal Limit	Classification	Penalty	Criminal Record?
Up to 2x the legal limit	Civil fine	$250–$1,000	No
More than 2x the legal limit	Class D felony	Up to 7 years / $10,000	Yes

For recreational users with a 3-ounce limit, this means:

3 oz to 6 oz: Civil fine ($250–$1,000) — no criminal record
Over 6 oz: Class D felony — up to 7 years in prison, $10,000 fine, permanent criminal record

The jump from "civil fine" to "felony" is abrupt. There is no misdemeanor middle ground for possession violations. Know exactly how much you have.

Home Cultivation Without a Card

Growing cannabis without the required $56.27 cultivation card carries penalties that scale with the number of plants:

Plants Without Card	Classification	Penalty
Fewer than 5	Civil violation	$250 fine
5–20 plants	Felony	Prison time + substantial fines

The message is clear: get the cultivation card before growing. At $56.27, it is a trivial expense compared to the penalties for growing without one. See our Home Cultivation page for full details.

DWI Penalties

Driving while intoxicated by cannabis carries the same penalties as alcohol DWI:

First offense: Class B misdemeanor — up to 6 months jail and $500 fine, plus a 30-day license suspension
Implied consent refusal: 1-year license revocation
Repeat offenses: Escalating penalties including longer jail terms and possible felony charges

Missouri's DUI enforcement is DRE-based with no per se THC limit. See our DUI & Driving Laws page for the full analysis.

Sale to Minors

Selling or providing cannabis to anyone under 21 is a serious criminal offense. This includes:

Selling to a minor (criminal charges, potential felony)
Gifting to someone under 21
Knowingly allowing a minor to access your cannabis

Federal Law Reminder

Cannabis remains a Schedule I controlled substance under federal law. While federal enforcement against personal users in legal states has been minimal, the following remain federal crimes:

Transporting cannabis across state lines (even between two legal states)
Possessing cannabis on federal property (national parks, federal courthouses, military bases)
Possessing cannabis at airports (federal jurisdiction)
Shipping cannabis through USPS, FedEx, or UPS

Expungement: A Silver Lining

Amendment 3 included a landmark automatic expungement provision for prior cannabis convictions involving conduct that is now legal. If you have a past cannabis conviction in Missouri, you may be eligible for expungement. This was one of the most comprehensive expungement provisions in any state's legalization law.

The Big Picture

Missouri's penalty structure reflects its constitutional approach: proportional consequences for most violations, with serious penalties reserved for genuinely harmful conduct. The key takeaways:

Most first-time violations are civil fines, not crimes
The jump to felony at 2x the possession limit is steep and abrupt
Growing without a card is easily avoidable — just get the $56.27 card
DWI is treated seriously regardless of the substance

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Cannabis Penalties in Missouri