Delta-8 THC Is Legal in Missouri, But Restrictions Are Coming

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Lee Johnson

Lee Johnson is the senior editor at CBD Oracle, and has been covering science, vaping and cannabis for over 10 years. He has a MS in Theoretical Physics from Uppsala...

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Fact checked byNeil Willner

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Neil M. Willner is an experienced cannabis attorney at Royer Cooper Cohen Braunfeld LLC and co-chair of the firm's Cannabis Group. He focuses his practice on the cannabis industry and...

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Hemp-derived delta-8 THC products legally sold in Missouri
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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. 

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 This means the bill uses a now-outdated definition of hemp (section 195.010(23)/page 7, lines 211 to 221), which doesn’t include the usual “all derivatives [and] cannabinoids” language that makes the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 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. 

RELATED: The Best Delta-8 THC Brands, Reviewed 

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.

Firstly, the 2023 Farm Bill could make changes that impact the status of delta-8 THC in most states. Specific to Missouri, though, HB 1328 was proposed in the 2023 legislative session, which would have basically treated delta-8 THC (and any “intoxicating cannabinoid”) as marijuana in the state. This would have meant that delta-8 could only be sold in licensed dispensaries to adults aged 21 or over. 

Incorporating delta-8 THC into the marijuana industry may prove controversial – and the bill did not pass before the legislative session ended – but either something similar or a basic bill banning high-THC product sales to youth could easily pass in the next session. The issue is far from resolved in the state.