In an odd move that's likely to see prompt legal challenge, Missouri regulators reinterpreted the state constitution to claim that medical patients aren't allowed to purchase any amount of recreational cannabis.
An updated FAQ on the Missouri Department of Health's website now reads:
Can I purchase as a patient and as a consumer?"
“Pursuant to 19 CSR 100-1.040, a patient is not permitted to exceed the possession or purchase limitations by combining patient and consumer purchases. Additionally, pursuant to 19 CSR 100-1.180, dispensaries may not sell consumers more than three (3) ounces of marijuana, or marijuana product in a single transaction, and are required to report to the department any instances of consumers attempting to make multiple purchases in one (1) day that the licensee knows, or reasonably should know, would likely result in the consumer exceeding the three (3) ounce possession limit. To comply with this rule, patient ID card holders are not allowed to purchase as a consumer in a licensed dispensary. These regulations help ensure patients and consumers stay within their allowed possession limits.
Non-Patients Can Purchase 15x More Cannabis Than Patients
Under this new interpretation, a recreational consumer can purchase at least 90 ounces of flower per month if purchased at 3 ounces per day and used as it was purchased. This isn't to say a recreational consumer could accumulate 90 ounces -- they'd be over their possession limits. But once they use the three ounces they just purchased, they can purchase 3 ounces more, with no limitations.
In contrast, Missouri's regulators are attempting to say that medical consumers can only purchase six ounces per month, with no option to purchase recreational cannabis if they exceed their purchase limit.
Dispensaries are expected to notify the Department if patients attempt to circumvent this comparatively restrictive limit, while recreational users may purchase at least 15 times what a patient can with no questions asked.
The matter is further confused by rumors that patients with three year identification cards won't be able to simply opt out of the program and switch to entirely recreational purchases to avoid that limitation.
Legalization Drafters Don't Agree
"This absurd interpretation is not what the drafters intended," says Dan Veits, who chaired the Boards of both the 2018 med campaign and the 2022 adult use campaign. Veits is also the Missouri NORML Coordinator and a member of the national NORML Board.
When contacted for an explanation of the reasoning behind this interpretation, the Missouri Department of Health refused to comment on record and deferred to their press agent who did not respond to queries.
Why Is This a Problem?
In short, regulators are saying medical consumers can't exercise their constitutional right to purchase recreational cannabis.
This conflicts with actual law because lawful cannabis related activities can't be the basis for criminal penalties under Missouri law. The actual law, including the segment quoted by the department in their FAQ, includes no restrictions based on medical allotments for accessing recreational cannabis.
In other words, the state is attempting to criminalize or restrict behavior that is legally protected -- codified under the Missouri Constitution, based on the consumer's classification as a medical patient. Adults in Missouri are allowed to purchase up to 3 ounces of cannabis per day. This right is granted to all consumers 21 and older, including medical marijuana patients.
Requiring dispensaries to report any medical consumers who attempt to purchase additional recreational cannabis could drive consumers back to the black market. It could even result in criminal prosecution of patients who purchase adult-use cannabis in complete compliance with Amendment 2.
Is This About Taxes?
Some have speculated that the ruling may be intended to drive consumers away from the medical market for tax reasons.
In Missouri, local governments can't tax medical marijuana sales. Medical marijuana purchases are subject to a fixed 4% state tax, which is allocated to support services for military veterans.
In contrast, recreational sales are subject to up to 12% in combined state and local taxes at the register.
- Missouri applies a 6% state tax which is allocated to several different uses.
- Local governments are permitted to impose an additional sales tax of up to 3% at the city-level, and 3% at the count-level (a practice known as "stacking." With stacking, both the city and county levy separate 3% taxes on recreational marijuana, totaling a 6% local tax.
Recent court cases tested the legality of this practice, and in May 2024, a Missouri district court ruled that cities and counties can both tax cannabis. Therefore, recreational cannabis can now see up to 12% in combined state and local tax at the register.
While state-level taxes are constitutionally limited to use for veterans' services, public defense, and substance abuse treatment, local taxes can be used for any purposes approved by local law, including bolstering the general fund.
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The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.
