Marijuana rules and regulations differ in Kansas from those in Missouri, and it is essential to remember that marijuana possession is still illegal under federal law. This blog is for educational purposes only and does not constitute legal advice.
Missouri
Missouri’s Amendment 3 legalized recreational marijuana for adults 21 and older for purchase and use. This change impacted current laws, medical use, employment requirements, and criminal offenses and records related to marijuana. This law went into effect in February 2023.
According to the Missouri Department of Health and Senior Services (DHSS), adults 21 years and older are allowed to:
- Purchase and possess up to three ounces of cannabis.
- Apply and obtain a noncommercial cultivation registration permit and grow up to six mature cannabis plants.
- Marijuana use may occur in private residences.
It remains illegal and is strictly prohibited to:
- Sell, distribute, or grow marijuana without appropriate licenses and permits.
- Sell or distribute marijuana to those under 21 years of age.
- Marijuana use is illegal in public spaces such as parks, public and private schools, and in moving vehicles.
Since 2018, medical marijuana has been legal and regulated in Missouri. However, Amendment 3 expanded the existing regulations.
- Nurse practitioners may certify qualifying patients.
- Proof of Missouri residency is not required as part of the application process.
- Medicinal cards are approved for three years. Purchase and possession of up to six ounces of dried, processed marijuana or its equivalent within 30 days.
These regulations are enforced by the Missouri Department of Health and Senior Services (DHSS), which oversees the adult use of marijuana in the state.
Laws and Penalties
For adults 21 years and older: possession of more than three ounces but less than six ounces, growth of more than six plants but fewer than 12, distribution without being paid, or intent to distribute less than six ounces, there are penalties.
- First Violation: $250 fine and seizure of marijuana
- Second Violation: $500 fine and loss of marijuana
- Subsequent Violations: Misdemeanor with a fine up to $1000 and marijuana seizure.
- Expungement of Criminal Records: Amendment 3 has put into motion the expungement of criminal records of those convicted of non-violent marijuana possession. Moving forward, Missouri courts have chosen not to prosecute these cases.
Employment
- Employees with a valid medical patient ID card cannot be punished for marijuana use when the employee is not working or for a positive marijuana test.
- If marijuana use affects the employee’s ability to do their job, protections do not apply.
Kansas
It is illegal to possess drug paraphernalia or possess marijuana for recreational or medical use or the purpose of distribution. Depending on previous convictions, a violation of this law may result in a misdemeanor or felony charge.
Laws and Penalties:
- First or Second Conviction of possession of marijuana: Class A misdemeanor and is punishable by a fine of up to $2,500 and a jail term of up to one year.
- Third Conviction: Possible Level Five Felony that may result in a prison sentence of 10-42 months and a hefty monetary fine.
Staying aware of the ever-changing marijuana regulations in Kansas and Missouri is crucial as it can have an impact on various aspects of life. Whether you’re an individual or a business, it’s important to stay up-to-date with the current laws. If you or someone you know has been involved in a marijuana-related offense, you can contact the Law Offices of Reginald Keith Davis for a confidential consultation.
Licensed in Kansas and Missouri. ** Se Habla Español
Phone: (913) 299-8789
kcklawyer.com