Missouri growers are exploring a legal gray area. They “gift” cannabis. This happens in exchange for donations. The state’s constitution allows gifts. Adults 21 and older can gift up to 3 ounces. This must be “without consideration.” Home growers interpret this clause. It serves as their legal pathway. This practice creates ambiguity. It’s a complex part of Missouri’s cannabis laws.
The “Six, Six, Six” Rule and Home Cultivation
Missouri law permits personal cannabis cultivation. Adults can grow plants at home. They must follow specific rules. These are often called the “six, six and six rule.” Growers can possess up to six flowering plants. They can also have six non-flowering plants over 14 inches. Additionally, they can keep six non-flowering plants under 14 inches. This is per individual. Storage is also regulated. Products must be in enclosed, locked facilities. Unlike commercial growers, personal cultivators do not test their cannabis. They also do not track it. The main restriction is clear: selling is prohibited. This prohibition fuels the “gifting” interpretation.
The “Gift” Clause: Interpretation and Ambiguity
The core of the issue lies in Article XIV of the Missouri Constitution. It allows adults to gift cannabis. The key phrase is “without consideration.” This means without direct payment. Home growers and caregivers interpret this narrowly. They believe donations are acceptable. They do not see donations as payment. Therefore, they gift cannabis products. This practice is seen at events. The Common Ground Fair is one example. Here, vendors display cannabis. They accept monetary donations. Signs emphasize that attendees receive gifts. They are not making purchases. This interpretation skirts direct sales. It aims to comply with the “no selling” rule.
Events Facilitating the Practice
Events like the Common Ground Fair are crucial. They connect patients and caregivers. Jessie Oxford of Kindway started this fair. It began after medical marijuana was legalized. She believes these events build community. They offer options for patients. Some growers see it as a way to fund research. Cosmic Gardeners, a St. Louis grower, stated this. They collect donations. In return, they give gifts. Oxford admits the ambiguity. She calls herself a “normal citizen.” She operates under her interpretation. This practice highlights a gap. It exists between strict regulations and user interpretation.
State Awareness and Concerns
Missouri’s Division of Cannabis Regulation is aware. They monitor events like the Common Ground Fair. The agency reviews these festivals. They provide education or enforcement when needed. Shayna Arndt, director for patient and application services, commented. She noted the state focuses on possession limits. Exceeding limits has legal implications. The division’s main concern is safety. Untested products from unlicensed sources may be unsafe. However, the state has not reported adverse reactions. Cases might go unreported.
Legal Nuances and Future Outlook
The “gifting” model operates within a legal gray zone. It relies on a specific constitutional clause. The strict prohibition on sales is clear. However, the definition of “consideration” is subjective. This creates uncertainty. Some argue the intent is to avoid black markets. Others worry about unregulated products. As the cannabis industry matures, these gray areas may be addressed. Future legislation or court rulings could clarify the practice. For now, Missouri growers navigate this nuanced landscape. They try to balance compliance with their interpretation of the law. This practice offers an avenue for obtaining cannabis outside licensed dispensaries. It provides advice and products through donations. This method reflects an evolving understanding of cannabis laws. It shows how communities adapt to new regulations. The ongoing debate centers on compliance and safety. It also highlights the drive for community connection.
Conclusion
Missouri’s approach to cannabis cultivation is evolving. The “gifting” practice shows this evolution. It pushes the boundaries of current law. It tests the interpretation of “without consideration.” The future may bring more clarity. For now, it remains a unique aspect of Missouri’s cannabis culture.
