Is Delta 8 THC Legal in Missouri?

YES - Delta 8 THC is Legal in Missouri

Delta 8 THC is legal in Missouri. This legality stems from the state's alignment with federal legislation, specifically the 2018 Farm Bill, which legalized hemp and all its derivatives, provided they contain less than 0.3% Delta-9-THC by dry weight. Missouri has specifically legalized all hemp derivatives, making Delta 8 THC, a cannabinoid derived from legal hemp, lawful in the state. While there are no major restrictions on the sale of legal hemp products in Missouri, including Delta 8, many retailers opt to sell it to adults of at least 21 years of age due to the nature of this cannabinoid​.

Legal Status of Delta 8 THC in Missouri

To provide a detailed overview of the legal status of Delta 8 THC in Missouri, it's essential to reference both state and federal laws that impact its legality.

Federal Law: 2018 Farm Bill

• The key piece of federal legislation governing the legality of Delta 8 THC is the 2018 Farm Bill. This bill federally legalized hemp and its derivatives by removing hemp, defined as cannabis (Cannabis sativa L.) and derivatives of cannabis with extremely low concentrations of the psychoactive compound delta-9-tetrahydrocannabinol (Delta-9-THC) — not more than 0.3 percent on a dry weight basis — from the definition of marijuana in the Controlled Substances Act (CSA).
• This federal law effectively legalized Delta 8 THC derived from hemp, provided that the Delta-9-THC concentration does not exceed 0.3% on a dry weight basis.

Missouri State Law

• Missouri state law aligns with the federal Farm Bill in its treatment of hemp and its derivatives. The Missouri Hemp Extract Registration Program (MHERP) provides residents with epilepsy a legal means to obtain and use hemp extract in certain limited situations, but broader state legislation and regulatory frameworks also address non-psychoactive hemp derivatives more generally.
• Specific Missouri statutes or regulations directly addressing Delta 8 THC are not readily found in public resources, suggesting that the state's legal stance on Delta 8 THC falls under its general hemp and CBD policies, which are in compliance with the 2018 Farm Bill. This alignment means that as long as Delta 8 THC products are derived from hemp and contain less than 0.3% Delta-9-THC, they are legal in Missouri.

Local Regulations and Practices

• Despite the legal status of Delta 8 THC under Missouri and federal law, local regulations and business practices may vary. Some localities might have specific guidelines or enforcement practices regarding the sale and distribution of hemp-derived products, including Delta 8 THC. Furthermore, retailers often implement their own policies, such as restricting sales to individuals 21 years and older, to ensure responsible distribution of these products.

TITLE 2 DEPARTMENT OF AGRICULTURE. DIVISION 70 - PLANT INDUSTRIES CHAPTER. 17 - INDUSTRIAL HEMP

2 CSR 70-17.010 Definitions.

(3) CBD—cannabidiol.

(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.

Read the legal document

TITLE XII PUBLIC HEALTH AND WELFARE. CHAPTER 195

195.010. Definitions.

(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;

Read the legal document

In summary, the legal framework in Missouri regarding Delta 8 THC is primarily shaped by the state's adherence to the 2018 Farm Bill's provisions on hemp and its derivatives. This federal alignment allows for the legal sale and use of Delta 8 THC in Missouri, provided the products meet the defined criteria for hemp-derived substances.