What are the Federal Laws?
Cannabis is federally illegal. A Schedule I drug, such as heroin and cannabis, under the Controlled Substance Act (CSA) is a drug made illegal because of its high potential for abuse, safety concerns, and no known medicinal benefits.
The Farm Bill recently legalized the growth and use of hemp and even changed the status of CBD federally. The 420 bill passed meaning hemp farmers and CBD-dominant cannabis strains are completely legal across the country. CBD, which cannot get you “high,” is no longer considered a Schedule I substance.
The SAFE Banking Act is another bill that recently became a law.
What are the (Missouri) State Laws?
Cannabis is medicinally legal in Missouri. However, since it is not yet possible to obtain legal cannabis with a proper license, you can still be penalized for having cannabis (even with a qualifying ailment according to Amendment 2). The first time you’re found by an authority with 10 grams, you may pay a fine less than $500 but CANNOT be arrested or incarcerated in any way for the offence. However, if you’re found to have 35 grams or more, you could face jail time for up to 1 year and a $5,000 fine.
What are my Rights if I get Pulled Over?
Do not let an officer search your vehicle without a proper warrant and probable cause. Visible paraphernalia (a pipe or vape,) drug imagery (wearing a shirt with a pot leaf,) and smell are all valid reasons to search the vehicle. Once an officer starts asking questions say, “I’d rather not discuss my day,” then ask, “am I free to go or am I being detained?” at which point you would call a lawyer if they do not let you leave. Exercising your rights will not hurt you and it is illegal to be arrested for marijuana possession under 10 grams.
What are my Rights on my Property?
It is illegal to grow any type of cannabis on your property without a license to cultivate. Don’t open your door and politely ask the police to take the time and obtain a proper warrant.
What are my Rights in my Apartment/Condo?
Community complexes often do not want to step between the law and their property rules. It can be dangerous to consume cannabis on a property you do not own as the landlord could remove you at any time. It is important to read all contracts and smoking rules before signing up to live in a complex that may inhibit your ability to medicate.
How Do I Exercise My Rights?
Express your rights by calmly explaining the recent federal changes in laws and even recent medical legalization in Missouri. Keep the conversation short and simple. If an officer starts asking questions, remember the only three things you should say: “I’d rather not discuss my day,” “Am I free to go or being detained,” and “I invoke the 5th.” Then HUSH and call your lawyer!
