Friday April 25, 2025
This article is provided for general informational purposes only and does not constitute legal advice. Laws change frequently and vary by jurisdiction. HOA boards and community associations should consult with their legal counsel to address specific situations or questions related to cannabis laws and their enforcement.What is the difference between cannabis and marijuana?
In common and legal usage, “cannabis” refers broadly to the Cannabis plant, including its multiple varieties and derivatives. The term “marijuana” generally refers to parts of the plant (often its flower or buds) that are used for medical or recreational purposes, and typically contain higher amounts of the psychoactive compound THC. In Missouri law, “marijuana” is frequently the term used to regulate and refer to the legal consumption of cannabis products. However, this article uses the terms interchangeably where legal texts and everyday usage overlap. If you have questions about the specific distinctions, consult your legal counsel.When was cannabis legalized in Missouri?
In 2018, the state approved medical marijuana through Amendment 2, allowing patients with qualifying conditions to obtain and use cannabis products. Then, in November 2022, Missouri voters passed Amendment 3, legalizing recreational marijuana for adults aged 21 and over. The amendment took effect in December 2022, making Missouri the 21st state to legalize recreational cannabis. As of 2025:- Recreational use of cannabis is legal for adults aged 21 years or older
- Recreational use includes both the smoking of marijuana and the consumption of other marijuana products like edibles
- Consumers may only purchase up to three ounces of dried, unprocessed marijuana product, or its equivalent, in a single transaction
- Consumers may only possess up to three ounces of dried, unprocessed marijuana product, or its equivalent, at any given time
- Adults are allowed to cultivate up to six flowering marijuana plants, six nonflowering plants, and six clones (plants under 14 inches tall), for personal, non-commercial use within an enclosed, locked facility at a private residence if they hold a valid consumer personal cultivation license issued by the state
- Those who cultivate plants cannot have more than three ounces outside of their enclosed, locked facility at any given time
Can condos or HOAs forbid marijuana use?
Yes, condo associations and homeowners associations (HOAs) in Missouri may be able to forbid marijuana use in some cases, especially if the restrictions are properly included in their governing documents and don’t conflict with applicable laws. Just as associations sometimes limit or prohibit tobacco use in common areas or within units (particularly in high-density buildings), boards may have the authority to apply similar rules to cannabis.Missouri law still prohibits marijuana use in public spaces like sidewalks, parks, and other open-access areas, so boards may be able to extend their existing smoking policies to include cannabis in hallways, lobbies, and other common areas.
Restricting cannabis use inside private units can be more nuanced. Some homeowners may prefer tighter regulations to minimize odor or potential disruption, while others may value privacy and the right to use legal substances within their unit. Boards should thoughtfully consider how any policy impacts day-to-day living in light of cannabis legalization in Missouri and verify that it’s clearly supported by the community’s governing documents before moving forward. Cannabis can also be consumed in non-smoking forms which don’t produce smoke, which may limit the board's ability to restrict usage under general nuisance provisions.
Given the legal complexities involved, boards should always consult with their association attorney before creating, interpreting, or amending any rules.
Medical cannabis use
Medical marijuana use has been legal and regulated in Missouri since 2018. However, Amendment 3 expands and enhances these regulations. For example, those who hold a medical cannabis license have different possession and cultivation limits. Boards should be aware that some residents may request accommodations under state or federal fair housing laws for the medical use of cannabis, particularly if it’s part of a treatment plan for a disability.These protections may also apply to staff employed by the HOA. Medical marijuana users with a valid marijuana patient ID card cannot be discriminated against solely based on their status as a medical marijuana patient.
It should also be noted that Missouri employers may still be allowed to have policies that restrict marijuana use or intoxication in the workplace. If you have questions about medical cannabis use and how it can impact your HOA, consult your attorney for tailored legal guidance.
The cultivation of cannabis on private property
A person over the age of 21 who holds a cultivation identification card is legally allowed to grow marijuana plants for their own use at a private residence. And up to two consumers who both hold these identification cards may grow at the same residence. This means that eligible residents within your HOA may be able to cultivate cannabis at home under current law.People who choose to grow their own marijuana plants can grow up to six flowering plants, six nonflowering plants, and six clones per person — and up to twelve of each type if two qualified consumers share the same residence — as long as all cultivation takes place in an enclosed, locked facility. All growing plants must be clearly labeled with the consumer's name and cultivation license number.
While your first thought as a board member may be to restrict residents from growing their own marijuana, this decision should be based on legal advice from your association attorney. Boards may also want to assess whether plant cultivation could impact building systems or violate existing rules related to unit modifications, common element access, or electrical load limits, especially as cannabis legalization in Missouri evolves.
Always consult with your HOA attorney
Before making any assumptions or implementing strict rules, it is essential to work closely with your management team and HOA attorney. Your HOA attorney can help you understand the ins and outs of the new laws and what you can and cannot control. They can also help you draft new rules that will be easy for residents to follow and easy for the board and management company to enforce.Once amendments to rules or new rules are voted on and approved, your management team can work with you to communicate rule changes. A proper communication plan can go a long way in helping residents adapt to any new rules.