Missouri Drug And Drug Testing Laws

The use of marijuana for whatever purposes in Missouri is still prohibited, saved for the medical use of the low-THC CBD oil. The possession, however, of small amount of 10 g or less of marijuana has been decriminalized (first offense) since 2014.

Medical Drug Laws of Missouri

Missouri doesn’t have yet a medical marijuana program. However, in 2014, there was a ballot initiative for the legalization of medical marijuana, but it did not prosper because it did not garner enough votes. In the same year however, Governor Jay Nixon signed the Missouri Medical Marijuana Bill which allows qualifying patients to use CBD oil to treat seizures. Soon after, in 2015, Missouri issued two licenses to two non-profit growers of cannabis for medical CBD oil.

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Drug Possession Laws of Missouri

Since it is illegal for anyone to possess, sell, or distribute marijuana in Missouri, it would be good to learn the following offenses and penalties concomitant with the violations of the state laws on marijuana:

  • If you are caught in possession of marijuana of up to 10 g (first offense), you will be charged with Class D misdemeanor, with maximum fine of $500, but with no jail time. Second offense would be Class A misdemeanor.
  • If you are caught in possession of more than 10 g but less than 35 g, you will be charged with Class A misdemeanor, with maximum sentence of 1 year of imprisonment, and up to $2,000 fine.
  • If you are caught in possession of 35 g to 30 kg, you will be charged with Class D felony, with up to 7 years of imprisonment, and fine of up to $10,000.

The selling of marijuana within the state is likewise strictly prohibited and comes with accompanying penalties and punishments if you are caught:

  • If you are caught selling or manufacturing 35 g or less, for example, you will be charged with Class E felony, with up to 4 years imprisonment, and maximum fine of $10,000. If you are caught selling or manufacturing 35 g or less to a minor, you will be charged with Class C felony, with up to 3 to 10 years of imprisonment, and maximum fine of $10,000.
  • If you are caught selling 35 g to30 kg, you will be charged with Class C felony, with 3 to 10 years of imprisonment, and maximum fine of $10,000. If you are caught selling 35 g to 30 kg or less to a minor, you will be charged with Class B felony, with 5 to 15 years of imprisonment, and a fine of 2x profit.
  • If you are caught selling or distributing near school, recreational park, or public housing, you will be charged with Class A felony, and imprisonment of 10 to 30 years or life imprisonment and a fine of around 2x profit.

The Trafficking of Marijuana is also punishable within the state, and here the accompanying punishments and penalties for marijuana trafficking violations:

  • If you possess or bring into Missouri 30 to 100 kg of marijuana, you will be charged with Class C felony, 3 to 10 years of imprisonment, and maximum fine of $10,000.
  • If you possess or bring into Missouri 100kg or more or 500 plants or more, you will be charged with Class B felony, with 5 to 15 years of imprisonment, and maximum fine of 2x profit.
  • If you distribute or manufacture 30 to less than 100 kg, you will be charged with Class B felony, with 5 to 15 years of imprisonment, and maximum fine of 2x profit.
  • If you distribute or manufacture 100 kg or more, you will be charged with Class A felony, with 10 to 30 years or life of imprisonment, and maximum fine of 2x profit.

The cultivation of marijuana within the state, just like selling and manufacturing of marijuana, is punishable under the state laws:

  • If you cultivate 35 grams or less, you will be charged with Class E felony, with up to 4 years imprisonment, and fine of up to $10,000.
  • If you cultivate 35 grams or more, you will be charged with Class C felony, with 3 to 10 years of imprisonment, and maximum fine of $10,000.
  • If you cultivate any amount near school, you will be charged with Class B Felony, 5 to 15 years of imprisonment, and maximum fine of 2x profit.

Can Employers Require Employees and Applicants to Undergo Drug Tests?

The state of Missouri doesn’t have specific drug testing laws; hence, employers are neither prohibited nor restricted from conducting drug tests to improve the safety and security within workplaces. However, employers must comply with the statutory requirements on conducting drug tests within workplace. These conditions include the following:

  • Employers must provide their applicants and employees with copies of their drug testing policy, and have a copy of this policy posted at visible areas within the workplace.
  • Employers can conduct random drug test if there is a reasonable suspicion that an employee is using drug and is impaired in his/her work because of the use of drug.
  • The results of drug testing should be kept confidential.
  • Employers could also conduct random drug test in case there was an accident that resulted to damage of properties, injury, or death within the workplace.
  • The drug tests should be conducted by licensed drug testing laboratories.
  • Applicants and employees that would hold safety-sensitive positions must be required to undergo drug tests.
  • Confirmatory tests should be provided to those employees or applicants who tested positive.
Missouri Drug And Drug Testing Laws
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George Hill
 

Hi! I'm George, a member of THC Detox team. I has practiced as a criminal defense expert for more than 10 years and helped hundreds of lawyers develop defense strategies to help their drug clients go free.

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