Is Delta 8 THC Legal in Missouri?
Missouri has a set of laws for industrial hemp, which makes Delta-8 THC legal in the state. One federal law that must be mentioned, too, is the 2018 US Farm Bill. The bill made industrial hemp-derived products like CBD and Delta 8 THC legal (as long as the Delta 9 contents remain under the .3% Delta-9 THC threshold). Unlike CBD, Delta 8 is psychoactive and will get you high. Let’s look at what current legislation there is for Delta 8 in Missouri now!
Yes, Delta 8 THC is legal in the State of Missouri.
With Delta 8 THC being one of the isomers of hemp, Missouri has provided an exception for hemp in the Controlled Substances list which separates the industrial hemp plant from the cannabis plant. A hemp derivative, like Delta-8-THC, is now considered an industrial hemp commodity in the state.
In order for this to occur, state lawmakers had to communicate their stance on tetrahydrocannabinol. It wasn’t long ago that adult-use marijuana legalization ballot results voted in support of medical marijuana in the state, and now lawmakers are pushing towards allowing recreational marijuana use in the state. Since the purchase of hemp falls outside of guidelines set by state regulators which are focused on legal marijuana, we wanted to weigh-in on the issue concerning Delta-8 THC to see what the law says.
Delta-8 content is considered categorically different from common marijuana in the state which is based on the level of Delta-9 THC. The maximum concentration of the Delta-9 THC allowed to be considered industrial hemp is .3%. A delta-9 THC concentration above .3% is considered marijuana in Missouri.
Delta-8 law takes into account the amount of Delta-9 found in the hemp plant material, as only Delta-9 THC is regulated in the state. Even though pharmacological activity is reported using Delta-8 (as it will get you high), the chemical structure being different than that of Delta-9 requires law enforcement officers to handle the legalities differently.
Though synthetic substances of hemp are prohibited, natural Delta 8 THC is legal in the state. The limits for hemp are well-documented in the state’s industrial hemp program. Now the “Delta-8 effect” can be experienced in the state without major legal concerns!
Current Missouri Delta-8 Legislation
According to the new rules posted on February 3, 2020 by the Missouri Register, the “Emergency Rules” for the state’s industrial hemp program have been issued.
In CSR 70-17.010 Definitions, it defines the following:
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.
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.]
Acceptable industrial hemp THC level (acceptable THC level)—when the application of the measurement of uncertainty to the reported delta-9 THC content concentration level on a dry weight basis produces a distribution range that includes three tenths of one percent (0.3%) or less. For any certificate of analysis that does not include a measurement of uncertainty, the measurement of uncertainty is deemed zero percent (0.00%).
In Missouri, all cannabis sativa material without more than 0.3% Delta-9-THC by weight is considered hemp. It is also excluded from the state’s list of controlled substances and certain derivatives are legal so long as they adhere to a specific hemp plan set forth in accordance with the Act.
Missouri law monitors the Delta-9 THC levels (to not exceed .3% Delta-9 THC), though, Delta-8 THC is not a concerning factor for the state. Hemp testing “hot” above the .3% Delta-9-THC limit is considered “illegal industrial hemp” according to Chapter 195 Drug Regulations. Since Delta-8 THC is derived from industrial hemp, Delta-8 THC is legal in the state, as long as the Delta-9 THC level is at or below the .3% Delta-9 THC limit.
Missouri Industrial Hemp Act
The Industrial Hemp Program is regulated by the Missouri Department of Agriculture. The state’s plan was approved by the USDA in August 2020, and the state is up-to-date on the latest mandates from the Agriculture Marketing Service’s Final Rule which was published in January 2021.
Since the federal 2018 Farm Bill, Missouri has been taking steps to establish the industrial hemp program and the program regulates viable industrial hemp in the state.
On the Frequently Asked Questions page for the state’s hemp program, the response is quite clear for how it assesses THC-levels in industrial hemp.
For the question, “What is THC? How is THC measured in Missouri? (Delta-9 THC or Total THC),” the program’s answer is:
Tetrahydrocannabinol (THC) is a compound found within Cannabis plants. Delta-9 THC is a form of THC and is the primary psychoactive component of Cannabis. Tetrahydrocannabinolic Acid (THC-A) is another form of THC which converts into Delta-9 THC.
To determine compliance, Missouri utilizes the calculated Total THC or Delta-9 THC measured post-decarboxylation.
Total THC calculates the potential conversion of THC-A into Delta-9 THC by utilizing the formula: Measured Delta-9 THC + (Measured THC-A * 0.877)
Decarboxylation processes conducted by the testing laboratory accounts for the actual conversion of THC-A into Delta-9 THC
Though the state is aware of various forms of THC existing in the industrial hemp plant, the state strictly measures the Delta-9 THC levels as prescribed in the 2018 Farm Bill.
List of controlled substances
The state amended its Controlled Substances list to exclude industrial hemp from its list of Schedules I controlled substances. Delta-8 THC derived from legal hemp material is not a Controlled Substance in Missouri. In 2019, industrial hemp-derived products were removed from the controlled substances list due to the agriculture provision senate bill sponsored by Senator Cunningham which was signed into law by the Governor.
On a related topic, marijuana edibles not meeting state guidelines have been added to the state’s list of controlled substances. Timed with the rollout of the state’s medical marijuana regulation, hemp products testing above the .3% Delta-9 THC threshold should adhere to the state’s new guidelines.
Buying and Shipping Delta 8 in Missouri
With Delta-8 THC being legal in the State of Missouri, residents can freely purchase Delta 8 THC products with a shipping address located in the state. Industrial hemp product production began in 2019 as legal hemp product specifications were announced by the state’s agriculture department which simultaneously removed industrial hemp from the list of controlled substances.
With Delta 8 THC now being considered a marketable hemp product for sale in Missouri, you can now buy or sell (learn more about the Delta-8 distributor opportunity) these products in the state!
Border States to Missouri:
Arkansas, Iowa, Illinois, Kansas, Kentucky, Nebraska, Oklahoma, and Tennessee.
Advocacy Groups in Missouri Supporting Delta 8 and Hemp Laws
Missourians are supportive of Delta 8 movement and pushing progress towards better Hemp Laws. Check out some of the standout organizations in Missouri:
Missouri Hemp Trade Association
Missouri Medical Cannabis Trade Association
News stories covering raids or busts on Delta 8 Products and stores in Missouri
Tubs of ‘home-grown delta-8’ cannabis products for sale at Soulard Market raise concerns
T-N-T Wieners Offers Hot Dogs With Delta-8 THC Drinks, Sauces in the Delmar Loop
‘It can be very serious’: Health officials see an uptick in delta-8 poisoning in children
Missouri regulator says delta-8 sales and cannabis market forces not part of purview
More than one-third of Missouri’s hemp licenses are inactive
Buyers still able to get delta-8 in Missouri, though future is uncertain
How Delta-8 THC is Shaking Up the KC Cannabis Industry
Under new ownership, T-N-T Wieners serves hot dogs with a side of delta-8 THC in the Delmar Loop
Delta-8 THC edibles offer legal high in Missouri
‘Watch it boys and girls’: Missouri cannabis lawyers face warning from state Supreme Court
Republican lawmaker pushes to legalize recreational marijuana in Missouri
Teething Pains For Medical Marijuana In Missouri