New federal hemp legislation paved the way for legal Delta-8-THC, but every state has different laws concerning hemp-derived cannabinoids. Is Delta-8-HC legal in Missouri? And if it is, where can you buy it?
According to Missouri’s hemp laws, Delta-8-THC is legal. Thankfully, the state has also updated their Controlled Substances list to remove legal hemp materials from the schedule.
Before you buy Delta-8 in the state, take a look at Missouri’s Delta-8-THC laws:
Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
Table of Contents
Delta-8-THC and Federal Laws
Missouri Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Missouri?
Delta-8-THC Possession Limits in Missouri
Is Delta-9-THC Legal in Missouri?
Where to Buy Delta-8 in Missouri
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Delta 8's federal status is confusing at first glance. Technically, Delta-8-THC has been listed as a Schedule I substance alongside Delta-9-THC for well over a decade.
More recently, however, the Hemp Farming Act of 2018 was signed into law. Under this legislation, hemp containing less than 0.3% Delta-9-THC became legal, as did any cannabinoids, extracts, or isomers derived from the legal hemp material.
In fact, Section 12619b of the 2018 Hemp Farming Act specifically addresses tetrahydrocannabinols in hemp. By extension of this new law, Delta-8-THC was legal, or so it seemed.
Here's the catch:
Most of the legal Delta-8 products on the market are made by "synthesizing" CBD. While federal hemp legislation currently allows the production and sale of naturally derived cannabinoids, it specifically prohibits all synthesized cannabinoids.
So where does this put Delta-8-THC, considering it is both a naturally occurring cannabinoid and can be synthesized from legal CBD?
To understand, you need to take a look at the method used to turn CBD into Delta 8, which is vastly different from the complex process that is generally used to create synthetic cannabinoids.
The conversion process between CBD and Delta 8 relies on a transfer of isomers, a process called isomerization, between the two cannabinoids. This means that Delta-8-THC technically exists as a hemp "isomer," which is covered by hemp's legal definition according to the 2018 law.
In other words, Delta-8 is made from hemp and considered to be a naturally occurring part of the hemp plant.
The types of cannabinoids that the DEA typically carve out as “synthetic” are liquid agents that are frequently applied to plant material, like K2 and Spice. Legal forms of synthetic cannabinoids, such as Marinol, also exist as prescription pharmaceuticals. Unlike Delta-8-THC, these substances are purely synthetic and made in a lab without the use of plant material.
Of course, laws regarding cannabinoids are still subject to change as hemp regulations are ironed out by both the DEA and FDA. For now, Delta 8 maintains a federally legal status, but state laws still may pose limitations on Delta-8-THC access.
Potentially influenced by it’s hemp friendly neighbors (like Illinois, Kentucky, and Tennessee), Missouri took to updating hemp laws shortly after the 2018 Farm Bill became federal law. For a while, the state’s hemp status (and specifically Missouri’s legal status for CBD) was unclear. Now, the legislation clearly defines hemp in a similar manner to federal definitions.
In Missouri, hemp is defined as all Cannabis Sativa material, including all extracts, isomers, cannabinoids, salts, and other derivatives, providing it contains less than 0.3% Delta-9-THC by weight.
The state also amended it’s Controlled Substances Act to specifically exclude hemp from its list of Schedule I Controlled Substances.
Now, hemp and all derivatives, including Delta-8-THC, are legal in the state so long as they are grown and manufactured according to the state’s hemp plan.
Here’s some snippets form the official text:
2 CSR 70-17.010 Definitions.
(7) Delta-9 THC—delta-9 tetrahydrocannabinol.
(13) Hemp extract—an extract from a cannabis sativa L. plant or a mixture or preparation containing cannabis sativa L. plant material that is composed of no more than three-tenths of one percent (0.3%) delta-9 THC on a dry weight basis.
(15) Industrial Hemp—as defined in section 195.010 (24), RSMo.
(20) Publicly marketable hemp product—any industrial hemp product that does not include any living hemp plants, viable seeds, viable roots, viable leaf materials, or viable floral materials, and contains no material with a delta-9 THC concentration exceeding three-tenths of one percent (0.3%) on a dry weight basis.
(24) “Industrial hemp”:
(a) All nonseed parts and varieties of the Cannabis sativa L. plant, growing or not, that contain an average delta-9 tetrahydrocannabinol (THC) concentration that does not exceed three-tenths of one percent on a dry weight basis or the maximum concentration allowed under federal law, whichever is greater;
(b) Any Cannabis sativa L. seed that is part of a growing crop, retained by a grower for future planting, or used for processing into or use as agricultural hemp seed;
(c) Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products derived from industrial hemp with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis;
(28) “Marijuana”, all parts of the plant genus Cannabis in any species or form thereof, including, but not limited to Cannabis Sativa L., except industrial hemp, Cannabis Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea, whether growing or not, the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination;
(ee) Tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), except industrial hemp, as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:
a. 1 cis or trans tetrahydrocannabinol, and their optical isomers;
b. 6 cis or trans tetrahydrocannabinol, and their optical isomers;
c. 3,4 cis or trans tetrahydrocannabinol, and their optical isomers;
While Missouri once classified all cannabis material as a Schedule I substance, they updated this legislation when they legalized agricultural hemp. Now, the Controlled Substances Act specifically makes an exception for hemp (as defined by state law).
That means that Delta-8-THC derived from legal hemp material is not a Controlled Substance in Missouri.
Missouri law does not define any possession limits for hemp-derived products, including Delta-8-THC.
Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.
Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.
Missouri voters approved Amendment 2 in 2018, which began the legalization process for medical cannabis in the state. As of December of 2018, cannabis was legal in Missouri for qualifying patients with a state-issued medical cannabis card.
Adult use cannabis is still illegal in the state, though it is somewhat decriminalized in the state. In 2014, SB 491 made possession of up to 10 grams punishable by a fine instead of jail time. Larger amounts may be punishable by a felony charge, which consist of larger fines and/or incarceration.
According to state hemp laws, legal hemp products can be sold in the state so long as it is produced in accordance with the state’s hemp plan. If you’re looking to buy Delta-8-THC in Missouri, you may be in luck!
Still, it’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.
At Bloom Society, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.
There are no state regulations that place age restriction on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.
Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in Missouri according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.
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