Purchasing, Possessing, and Consuming Marijuana in Missouri
Marijuana. Pot. Ganja. Bud. Sticky Icky. Gas. Mary Jane. Whatever you call it, purchasing, possessing, and consuming in Missouri is now legal. Since marijuana became recreationally legal in Missouri, our clients have had a lot of questions about what they can and can't do.
At our office, we do everything we can to answer our client's questions so that they can make informed decisions. In this post, we hope to answer some of the most frequently asked questions we have received from our clients regarding recreational marijuana.
Q: How was marijuana legalized?
A: Marijuana was legalized through the passage of Amendment 3 to the Missouri constitution, which created section 2 in article 14 of the Missouri constitution.
Q: Who can purchase marijuana in Missouri?
A: Anyone over the age of 21 can purchase and consume dried marijuana flowers, edibles, and pre-rolled joints.
Q: Where can I purchase marijuana from?
A: Under the new rules, marijuana can only be legally purchased from a licensed recreational marijuana dispensary. While many dispensaries that used to be medical only have obtained recreational licenses, be sure to check that they accept recreational customers before going.
Q: How much marijuana can I purchase at one time?
A: You can purchase up to three ounces of dried, unprocessed marijuana or its equivalent. That's also the same limit for how much marijuana you can possess at one time. Or, its equivalent applies to edibles, vape carts, and concentrates. Be sure to check with the dispensary you are purchasing from to check how much your edibles or concentrates are being compared to your three ounces.
Q: Where can I smoke the marijuana?
A: Unfortunately, Amendment 3 did not designate specific areas where you are allowed to smoke marijuana. Instead, it leaves that decision to the individual cities and counties. However, Amendment 3 provided specific penalties to explain where you are not allowed to smoke marijuana. For example, you are not allowed to smoke marijuana while driving or riding in any motorized vehicle that is moving. This includes cars, trains, aircraft, and motorboats. You are also prohibited from smoking or possessing marijuana on the grounds of a school or a correctional facility. With these prohibitions in mind, the best practice would be to wait to consume marijuana until you are in a private residence. However, be sure to check your lease first, as Amendment 3 specifically allows landlords the right to prohibit marijuana use on any of their properties.
Q: Is THC, wax, hash oil, live resin, and other concentrates legal under the new rules?
A: While many dispensaries are already selling marijuana concentrates in the form of vape carts, THC wax, hash oil, and live resin, there are still some questions as to whether possessing these concentrates is legal. Technically, Amendment 3 does not mention or define marijuana concentrates, THC wax, hash oil, or live resin. They don't specifically state that they are legalized under the amendment. This lack of definition, combined with the recent decision of the Missouri court of appeals for the western district, has led some prosecutors to argue that THC wax is still illegal because THC is technically different from marijuana, which was made legal in the amendment. Because of this gray area, the best practice would be to keep your wax and oils in the canisters the dispensary gave you and keep your receipt handy if you're traveling with them.
If you have any more questions about recreational marijuana use in Missouri, don't hesitate to get in touch with our team.