Jefferson County Cannabis – Is It Legal & Where To Buy 2024

Is Cannabis Cultivation Legal in Jefferson County?

Yes, cannabis cultivation is legal in Jefferson County. Both the use and cultivation of cannabis for medical purposes were legalized by the addition of Article XIV to Missouri’s Constitution in 2018. Then, on November 8, 2022, Amendment 3 was passed, which legalized the use and cultivation of cannabis for recreational purposes by adults aged 21 and older in Missouri.

The Department of Health and Senior Services (DHSS) is the licensing and regulatory body for the state of Missouri's Medical Marijuana Regulatory Program (MMRP) and its adult-use marijuana program, as well. On December 8, 2022, the DHSS began accepting applications from existing licensed medical cannabis cultivation facilities to convert to be able to plant and supply adult-use cannabis, as well.

Personal cultivation of medical cannabis was already previously allowed for patients aged 18 and older and caregivers who are medical marijuana cardholders. They can get a patient cultivation ID card with the payment of a $50 cultivation fee (reduced from $100), valid for 12 months. A patient or a caregiver is allowed to grow up to six flowering cannabis plants, six non-flowering cannabis plants, and six clones each.

Starting February 6, 2023, the DHSS will open applications for the consumer personal cultivation identification card for adult state residents aged 21 and older. Cardholders will be authorized to grow cannabis for their personal use only in a locked enclosed area in their residence.

In Jefferson County, Sections 400.3345 and 400.3350 of the County Code cover local regulations on medical marijuana facilities. All licensed medical marijuana facilities, including cultivation facilities, must comply with state or local regulations, whichever is more restrictive.

A licensed medical marijuana facility must be in a permanently fixed physical location that is shielded from public view. Mobile structures are not allowed. The location must be more than 1,000 feet away from any existing childcare or daycare center, school, public park, church, or any place of worship.

Except for dispensaries, a medical marijuana facility must not display identifying signage. The facility’s state license must, however, be displayed indoors in full view all the time.

No outdoor seating is allowed in a medical marijuana facility, except for exclusive areas for employees only. The facility must have adequate lighting but must not cause public nuisance outside the property through odors, fumes, dust, noise, vibration, or glare.

All marijuana and marijuana products must be stored in a secure fire-protected room. The facility must have both a fire alarm and a burglar alarm in addition to a tight security system equipped with a continuously running and monitored CCTV camera. Footage must be kept for a minimum of 90 days.

The consumption of marijuana and marijuana products on the premises is prohibited. Marijuana and marijuana products for disposal must be placed in a secure container not accessible to unauthorized individuals.

In addition, licensed medical marijuana cultivation facilities, in particular, in Jefferson County, can do only outdoor cultivation in the Rural/Agricultural District (RA5) and only indoor cultivation in the Planned Industrial District (PI), Non-Planned Industrial District (NPI), Planned Business District (PB), Planned Commercial District (PC), and Non-Planned Community Commercial District (CC2).

The licensed medical marijuana cultivation facility must have at least one armed security guard on duty at all times. If the facility is outdoors, its area must not be larger than 10 acres and it must be surrounded by a 10-foot high privacy fence with an additional razor wire security topping. All cannabis drying, curing, and storage must be indoors.

Is Cannabis Manufacturing Legal in Jefferson County?

Yes, cannabis manufacturing is legal in Jefferson County. The manufacturing of medical cannabis products was legalized by Article XIV of the Missouri Constitution and the manufacturing of recreational adult-use cannabis was legalized by Amendment 3. Since December 8, 2022, licensed medical cannabis manufacturing facilities were allowed to apply for a conversion to be able to also manufacture adult-use recreational cannabis.

In Jefferson County, licensed medical marijuana manufacturing facilities must comply with all the regulations set forth by Section 400.3345 of the County Code common for all medical marijuana facilities. This includes complying with state or local regulations, whichever is more restrictive.

In addition, licensed medical marijuana manufacturing facilities, in particular, are only allowed in the Planned Industrial District (PI), Non-Planned Industrial District (NPI), Planned Business District (PB), Planned Commercial District (PC), and Non-Planned Community Commercial District (CC2) of Jefferson County.

Is Cannabis Retail Legal in Jefferson County?

Yes, the sale of cannabis by retail is legal in Jefferson County. The retail sale of medical cannabis products by licensed medical cannabis dispensaries to patients and caregivers who are medical marijuana cardholders is legal under Article XIV of the Missouri Constitution. The retail sale of recreational adult-use cannabis by licensed cannabis dispensaries to adults aged 21 and older is legal under Amendment 3.

Licensed medical marijuana dispensaries were allowed to apply starting December 8, 2022, for a license to operate as adult-use recreational cannabis dispensaries, as well. They can start selling adult-use recreational cannabis once the new licenses are issued.

Since December 8, 2022 also, medical marijuana cardholders were allowed to purchase up to six ounces of medical cannabis for every 30-day period. This can be increased based on their doctor's recommendation. For other consumers aged 21 and older who can show a valid government-issued photo ID card, the limit per purchase is three ounces of cannabis. This is also the maximum amount that an adult aged 21 and older is allowed to possess at any period. All types of medical cannabis and medical cannabis products are allowed for sale, such as tinctures, capsules, and edibles, but excluding frozen desserts and “acidified food” products.

In Jefferson County, licensed medical marijuana dispensaries must comply with all the regulations set forth by Section 400.3345 of the County Code common for all medical marijuana facilities, including compliance with state or local regulations, whichever is stricter.

In addition, licensed medical marijuana dispensaries, in particular, are only allowed in the Planned Business District (PB), Planned Commercial District (PC), and Non-Planned Community Commercial District (CC2) of Jefferson County.

Medical marijuana and medical marijuana products sold by a licensed dispensary must not be visible from the outside. Drive-through service is prohibited. The dispensary must have at least one armed security guard on duty during operating hours, which are from 9 a.m. to 9 p.m. daily.

Is Cannabis Delivery Legal in Jefferson County?

Yes, the home delivery of medical cannabis by licensed medical cannabis dispensaries to patients and caregivers who are medical marijuana cardholders is allowed by Article XIV of the Missouri Constitution. Amendment 3 now allows the home delivery of adult-use cannabis by licensed marijuana dispensaries to consumers aged 21 and older once the new licenses are issued.

How to Get a Medical Marijuana Card in Jefferson County

Under Amendment 3, proof of residency in the state of Missouri is no longer required to apply for a medical marijuana card in Jefferson County or any county of the state. A Patient User Guide is available to assist patients and caregivers since only online applications are accepted to the Medical Marijuana Registry Portal.

A Missouri-licensed medical doctor (M.D.), doctor of osteopathic medicine (D.O.), or nurse practitioner in good standing must certify whether the patient has one of the following qualifying medical conditions for the medical marijuana card:

• Cancer

• HIV

• AIDS

• Epilepsy

• Intractable migraines

• Glaucoma

• Debilitating psychiatric disorders diagnosed by a state-licensed psychiatrist

• A chronic medical condition causing severe, persistent pain or muscle spasms

• A chronic medical condition in which medical marijuana can be a safer alternative to prescription medications

• Any other chronic debilitating medical condition

• Terminal illness

The patient’s date of birth and social security number must be given to the health practitioner to be included in submitting the doctor’s recommendation in the registry. Within 30 days from the time the recommendation was uploaded, the patient must create an account in the registry. Upon providing all the required information, the doctor’s certification will be linked with the application.

The patient must also upload a clear digital image of a valid government-issued photo ID card and a recent clear digital colored photo showing the head and shoulders to be used on the medical marijuana card. A $25 application fee must be paid online. If the patient wishes to apply for a cultivation ID card, that is included in the same application form and the additional fee must be paid.

If the patient needs a caregiver, the caregiver must go through the same online application process with the addition of the submission of a patient authorization form.

Once approved, the medical marijuana card can be accessed by the patient and caregiver on the registry after approximately 30 days. This may be downloaded and printed out. Medical marijuana cards issued after December 8, 2022, are valid for three years.

For more information, please contact the following:

Email: medicalmarijuanainfo@health.mo.gov

Division of Cannabis Regulation

PO Box 570

Jefferson City, MO 65102-0570

Toll-Free Access Line: 866-219-0165

(9 a.m. - 3 p.m. CST Tuesday to Thursday)

How Has Cannabis Legalization Impacted the Economy of Jefferson County?

Under Amendment 3, medical cannabis purchases will continue to have a sales tax of 4%, while adult-use recreational cannabis will be levied a sales tax of 6%. A local sales tax of up to 3% may be added by local governments. Jefferson County and other municipalities, therefore, stand to gain from the legalization of adult-use cannabis in addition to medical marijuana.

According to the DHSS, tax revenues from the sales of adult-use marijuana will be allocated to the following:

• Government bodies tasked to expunge particular marijuana offenses

• The Missouri Veterans Commission

• The Missouri public defender system for low-income state residents

• Local governments that tax marijuana sales

• Grants

The Effects of Cannabis Legalization on Crime Rates in Jefferson County

While sales of adult-use cannabis have yet to start as of January 2023, medical cannabis has been legal since 2018 in Jefferson County and the rest of Missouri.

According to data from the Jefferson County Sheriff's Office on the FBI’s Crime Data Explorer page, in 2017, there were 278 arrests for marijuana-related crimes in the county. Of these, 255 were for marijuana possession, and 23 were for marijuana manufacturing or sales. The figures decreased to 69 arrests related to marijuana in 2021, with 66 for marijuana possession and three for marijuana manufacturing or sales.

There was no data on DUI arrests in 2017, but there were 319 arrests in 2021.