Cannabis & Marijuana Rental Rules in Missouri 2026

Landlord ban authority, possession and home-grow limits, medical patient housing rules, and federal Section 8 restrictions in Missouri.

Adult-Use Legal Effective 2022

3 oz Adult-use possession limit

6 plants Home cultivation

Yes Medical patient housing protection

Federal baseline (uniform in Missouri): Cannabis remains a Schedule I controlled substance under 21 U.S.C. § 812(c) Schedule I(c)(10) regardless of Missouri's legalization status. HUD PIH Notice 2014-21 (re-issued PIH 2017-13) requires Public Housing Authorities to deny admission to public housing or HCV (Section 8) for any household member illegally using a controlled substance, including cannabis. Landlords may prohibit smoking of any substance as a private property interest in any state.

Missouri legalized recreational marijuana for adults 21 and older when voters passed Amendment 3 in November 2022, adding Section 2 to Article XIV of the state constitution. Medical use has been legal since 2018. Legalization does not strip landlords of control over their property, but it draws one firm line most owners miss: a lease signed after Amendment 3 took effect cannot ban a tenant from consuming marijuana by non-smoking means. Smoking and home cultivation are a different story, and federally-assisted housing follows entirely different rules.

This page covers what a Missouri landlord can prohibit, the exact constitutional limit on lease clauses, home-grow restrictions, and the Section 8 conflict that overrides state law.

Missouri Cannabis Legal Status

Missouri is classified as Adult-Use Recreational Legal (effective 2022). The governing statute is Mo. Const. art. XIV § 2 (Amendment 3, 2022).

Landlord Authority in Missouri

Landlords retain ban authority.

Mo. Const. art. XIV § 2(2)(2): nothing requires a property owner to allow consumption, smoking, or cultivation. Medical patients protected from housing discrimination per § 2(11).

Cannabis is legal in Missouri, but property owners keep broad control

Recreational marijuana became legal for adults 21 and older with Amendment 3, approved by 53% of voters on November 8, 2022. It created Article XIV, Section 2 of the Missouri Constitution. Medical marijuana came earlier through Amendment 2 in 2018 (Article XIV, Section 1). The state's Division of Cannabis Regulation, within the Department of Health and Senior Services, administers both programs.

Legalization changed what the state can punish, not what a landlord can permit. Article XIV, Section 2, subsection 3(4) expressly preserves an owner's authority: it "allows an entity to prohibit or otherwise limit the consumption, cultivation, distribution, processing, sale, or display of marijuana" on private property the entity owns, leases, occupies, or manages. In plain terms, a Missouri landlord can bar tenants from growing, using, or displaying cannabis on the premises, subject to the one exception below.

The one clause your lease cannot contain

Subsection 3(4) carves out a single tenant protection. A lease executed after Amendment 3's effective date "may not prohibit a tenant from lawfully possessing and consuming marijuana by means other than smoking." Amendment 3 took effect December 8, 2022 (30 days after the vote).

The practical split is clean: you can prohibit smoking marijuana anywhere on the property, but a post-2022 lease cannot forbid a tenant from possessing cannabis or consuming it through edibles, tinctures, capsules, or other non-smoking methods inside their unit. A blanket "no marijuana of any kind" clause in a new Missouri lease is unenforceable as to non-smoking use. Draft the smoking prohibition explicitly and keep it separate from any total ban.

Leases signed before the effective date are not bound by this limit, but any renewal or new lease is.

Banning smoking and cultivation in the unit

Because the constitution reaches "consumption" and "cultivation" alike, a Missouri landlord can prohibit both marijuana smoking and home growing on the property. A no-smoking policy that covers all combustible material (tobacco and cannabis) is the cleanest approach and sidesteps arguments about which substance was burned.

Home cultivation carries its own state rules that make a lease ban easy to justify. An adult 21 or older may grow up to six flowering plants, six nonflowering plants, and six clones for personal use, but only inside an enclosed, locked facility at a private residence, out of public view, and only with a consumer personal cultivation registration card from the Division of Cannabis Regulation (a $100 annual registration). No more than 12 flowering plants may be grown at one residence regardless of how many card-holders live there. A grow operation raises real concerns about moisture, electrical load, odor, and locking modifications to your unit, all legitimate grounds for a cultivation ban in the lease.

Section 8 and public housing override state law

State legalization stops at the federal door. Marijuana remains a Schedule I drug under the federal Controlled Substances Act, and HUD-assisted housing answers to federal rules, not Article XIV.

Under the Quality Housing and Work Responsibility Act of 1998, public housing authorities must deny admission to marijuana users, including medical cardholders, in public housing and the Housing Choice Voucher (Section 8) program. For existing residents, HUD gives PHAs case-by-case discretion to decide whether to terminate assistance for medical marijuana use, so eviction is not automatic, but the authority to remove is there. HUD's guidance memo "Use of Marijuana in Multifamily Assisted Properties" spells this out.

Do not assume the Fair Housing Act forces you to accommodate a medical marijuana user. Because the drug is federally illegal, HUD and most courts have declined to require reasonable accommodation for marijuana use even where a disability is documented. If you own or manage federally-assisted units in Missouri, follow the federal rule, not the state one.

What Missouri landlords should do

Put a written, cannabis-specific policy in every new lease. Prohibit smoking of all materials, prohibit cultivation, and stop there rather than attempting a total ban that the constitution won't enforce against non-smoking use.

For conventional (non-assisted) rentals, enforce the smoking and cultivation clauses like any other lease term: document violations, give proper notice, and pursue eviction under Missouri's ordinary landlord-tenant process if the tenant won't cure. For any HUD or Section 8 unit, apply the federal prohibition. And screen your lease dates: the non-smoking protection only binds leases from December 8, 2022 forward.

Medical Patient Housing Rules in Missouri

Missouri protects registered medical cannabis patients in housing.

Under Mo. Const. art. XIV § 2 (Amendment 3, 2022), a landlord may not refuse to rent to or evict a registered medical patient solely because of their medical-use status. However, three significant carve-outs apply:

Federal subsidy override. Anti-discrimination protection does NOT apply to federally subsidized housing, Section 8, public housing, project-based assistance, or any program receiving federal funds. HUD PIH 2014-21 controls.
Smoking ban still permissible. Most state medical-patient protections still allow landlords to prohibit smoking on the premises. Patients must use edibles, tinctures, or vaporizers in non-smoking settings.
On-premises consumption limits. Some statutes restrict the protection to off-premises use only, leaving on-premises consumption subject to the lease.

Section 8 / HCV in Missouri, The Federal Trap

HUD PIH 2014-21 mandatory denial applies in Missouri. Even though Missouri has legalized adult-use cannabis, a Public Housing Authority in Missouri must deny admission to any household where a member illegally uses a controlled substance, and cannabis remains federal-illegal. Existing Section 8 tenants who use cannabis may face termination at PHA discretion, though termination is not mandatory like denial is.

The practical impact: a tenant holding a Housing Choice Voucher who tests positive for cannabis or self-discloses use during recertification can lose their voucher in Missouri, regardless of any state cannabis legalization or medical card status. This is the single most common point of confusion for tenants in adult-use states.

Cannabis Rental Compliance in Major Missouri Cities

City-level landlord risk profiles often track cannabis-related lease enforcement. View the eviction-risk and tenant-law profile for the largest Missouri rental markets:

Kansas City St. Louis Springfield Columbia Independence Lee's Summit

Sources & Methodology

Federal: 21 U.S.C. § 812 (Controlled Substances Act, Schedule I); HUD Public Housing Occupancy Notice PIH 2014-21 (re-issued PIH 2017-13); Sessions Memorandum (Jan 4, 2018).
Missouri cannabis statute: Mo. Const. art. XIV § 2 (Amendment 3, 2022).
Landlord ban authority: Mo. Const. art. XIV § 2(2)(2): nothing requires a property owner to allow consumption, smoking, or cultivation. Medical patients protected from housing discrimination per § 2(11).
Medical patient housing protection: Coded "Yes" for Missouri based on the cited statute.

Related Guides for Missouri Landlords

← Missouri Eviction Risk Overview Lawful Eviction Reasons Section 8 / HCV Landlord Guide Landlord Insurance & Hazards Fair Housing Protected Classes Tenant Rights Summary

This overview reflects Missouri law as of 2026: Article XIV, Sections 1 and 2 of the Missouri Constitution (Amendments 2 and 3), rules administered by the Missouri Division of Cannabis Regulation, and the federal Controlled Substances Act and HUD guidance governing Section 8 and public housing. It is general information for landlords, not legal advice. Cannabis and fair-housing rules shift, and enforcement can turn on lease dates and unit type. Confirm the current statute and consult a Missouri landlord-tenant attorney before drafting or enforcing a cannabis clause.

Frequently Asked Questions

Can a Missouri landlord ban marijuana in the lease?

Partly. Article XIV, Section 2, subsection 3(4) lets an owner prohibit consumption, cultivation, and smoking of marijuana on the property. But a lease signed after Amendment 3's December 8, 2022 effective date cannot prohibit a tenant from possessing or consuming cannabis by non-smoking means, such as edibles, inside the unit.

Can I prohibit tenants from smoking marijuana?

Yes. The constitution's tenant protection covers only non-smoking consumption. A Missouri landlord can ban smoking marijuana anywhere on the property, and a no-smoking policy covering all combustible material is the cleanest way to do it.

Can tenants grow marijuana in a Missouri rental?

Only if the landlord permits it. Adults 21+ may grow up to six flowering plants, six nonflowering plants, and six clones, but only in an enclosed, locked facility, out of public view, with a $100-per-year consumer cultivation registration card. Landlords can prohibit cultivation entirely under Article XIV, Section 2, subsection 3(4).

Do the rules change for Section 8 or public housing?

Yes. Marijuana is still Schedule I under the federal Controlled Substances Act. The 1998 Quality Housing and Work Responsibility Act requires public housing authorities to deny admission to marijuana users, including medical cardholders, in public housing and the Housing Choice Voucher (Section 8) program. HUD gives discretion on evicting existing residents, but not on new admissions.

Does a medical marijuana card require a landlord accommodation?

Generally no. Because marijuana is federally illegal, HUD and most courts have declined to require reasonable accommodation for marijuana use under the Fair Housing Act, even for a documented disability. A Missouri medical card does not override a lawful lease prohibition on smoking or cultivation.

Are older leases bound by the non-smoking rule?

No. The limit applies only to leases executed after Amendment 3 took effect on December 8, 2022. Leases signed before that date are not bound, but any new lease or renewal is.

Federal authority: 21 U.S.C. § 812; HUD PIH 2014-21. State authority: Mo. Const. art. XIV § 2 (Amendment 3, 2022). Last updated October 24, 2026. For informational purposes only, not legal advice. Cannabis law is rapidly evolving and federal/state conflict creates significant compliance risk; consult a licensed Missouri attorney before making a lease, screening, or eviction decision involving cannabis.