Delta-8 THC is legal in Missouri, following the state passing of House Bill 2034 in 2018.
This bill was passed before the 2018 Farm Bill, but it still defined hemp in a way that includes derivatives of hemp and only limits the delta-9 THC concentration. This means the situation for delta-8 THC in Missouri is simpler than in many states, but there are still open issues – such as the lack of age restrictions – that mean things are likely to change soon.
Here’s what you need to know about Missouri hemp law.
Is Delta-8 THC Legal to Sell in Missouri?
Delta-8 THC is legal to sell in Missouri, after the state established its hemp program in 2018.
Missouri passed House Bill (HB) 2034 in 2018 – shortly before the 2018 Farm Bill was passed. This means the bill uses a now-outdated definition of hemp (section 195.010(23)/page 7, lines 211 to 221), which doesn’t include the usual “all derivatives [and] cannabinoids” language that makes the legalization of delta-8 THC more explicit.
However, it also expressly includes products derived from hemp – including ones for human consumption – in its definition of hemp, noting that the 0.3% delta-9 THC limit also applies to products.
RELATED: Where Is Delta-8 THC Legal? A State-by-State Map
Finally, the bill makes the necessary changes to the controlled substances list in the state, exempting hemp from the definitions of marijuana (section 195.017.2(4)(w)/page 14, line 119) and THC (section 195.017.2(4)(ee)/page 14, line 130).
Delta-8 THC products are derived from hemp, so they meet the state’s definition, and that means they are not controlled substances in the state and can be sold legally.
It’s worth noting that the Department of Agriculture has closed the state’s hemp program, effective January 1st, 2023. This means that producers in the state now have to apply to the USDA hemp production program instead of through the state department.
Can Delta-8 THC Be Added to Food in Missouri?
Following an executive order from state governor Michael Parson, foods containing delta-8 THC or other “unregulated psychoactive cannabis products” will not be allowed to be sold in Missouri from September 1st, 2024.
The executive order excludes products in the regulated cannabis industry, but will have a substantial impact on any hemp-containing food products.
The only exception for this is for cannabinoids like CBD which are not considered psychoactive.
In combination with the federal restriction on interstate sales of foods containing cannabinoids, this means that no hemp delta-8 edibles will be permitted for sale in Missouri from September 2024.
Can You Buy Delta-8 THC Products in Missouri?
You can buy delta-8 THC in Missouri, both online and from brick-and-mortar stores in the state.
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Delta-8 THC Alternatives
Missouri’s hemp laws fall in line with the 2018 federal Farm Bill, and so many alternatives to delta-8 are available, including delta-7, delta-10, hemp delta-9 and others.
RELATED: What Is Hemp Delta-9 THC?
Age Restrictions
There are currently no legal age restrictions on delta-8 THC products in Missouri, which has drawn the attention of lawmakers in the state. However, stores generally institute a minimum age of 18 or 21 on purchases, solely at their own discretion.
Travel Restrictions
You can travel to Missouri with delta-8 THC, because it isn’t a controlled substance either federally or in Missouri.
The 2018 Farm Bill is generally considered to have removed delta-8 THC from the controlled substances bill (as a hemp derivative), and it is also legal in Missouri, so you can bring it into the state without issues.
This is also the position of the Transportation Security Administration (TSA) regarding taking flights with hemp products. However, it’s a good idea to bring a certificate of analysis (COA) for the product to prove that it complies with the Farm Bill.
Closing Thoughts: The Future for Delta-8 in Missouri
It’s likely that some restrictions on delta-8 THC will be passed in Missouri in the next year.
Following the executive order issued by governor Michael Parson, it’s likely there will be some legal action. It’s unclear how this will proceed, but this will undoubtedly take a lot of attention.
That said, state lawmakers attempted to pass the Intoxicating Cannabinoid Control Act in 2024, which would have classed intoxicating hemp products such as delta-8 as “marijuana” in the state and restricted their sale to the regulated cannabis industry.
In short, with age restriction still lacking and bipartisan agreement that this is a good idea, not to mention the controversial executive order, we can expect further changes to Missouri hemp law in the coming years.
Editor’s note: We updated this article on August 16, 2024, to highlight the executive order signed by governor Michael Parson that bans foods containing delta-8 THC.