Is Delta 8 THC Legal in Missouri?

By | last updated November 26, 2021

Evidence Based 5

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Delta-8-THC is legal in Missouri. Since delta-8-THC is derived from hemp, the state of Missouri recognizes the cannabinoid, or products containing the cannabinoid, as hemp products. All hemp-derived products are legal in Missouri, which includes delta-8-THC.

Let’s take a closer look at Missouri’s delta-8-THC laws.


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Missouri Delta 8 THC Laws

Missouri has a fairly lax set of laws regarding delta-8-THC. The state set up its own hemp program in 2020, which regulates hemp in a similar way to the 2018 federal Farm Bill.

Under this program, hemp is defined with an acceptable level of delta-9 THC of 0.3% or less. Missouri’s Department of Agriculture also has a definition for hemp products:

Publicly marketable 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.

Missouri Department of Agriculture Rules

Again, this definition confirms that hemp-derived products containing any level of delta-8 THC are legal since it only restricts the level of delta-9 THC.

Additionally, the Missouri state senate passed SB133 on June 24, 2019, which confirms that the state’s Department of Agriculture will not regulate the sale of hemp products.

Unless required by federal law, the department shall not regulate the sale or transfer of nonviable hemp including, but not limited to, stripped stalks, fiber, dried roots, nonviable leaf material, nonviable floral material, nonviable seeds, seed oils, floral and plant extracts, unadulterated forage, and other marketable agricultural hemp products to members of the general public both within and outside the state.

SB133

Since delta-8 THC is considered a hemp product, this also means its sale is unregulated.

What is Delta 8 THC?

Delta-8-THC stands for delta-8-tetrahydrocannabinol. It is a minor cannabinoid that is naturally produced in cannabis and hemp but not in large enough amounts to be worth extracting on its own. This is why delta-8-THC is synthesized from hemp-derived CBD.

The delta-8-THC molecule is very similar in molecular structure to delta-9-tetrahydrocannabinol, most commonly referred to as just THC.

Because they are similar, the effects of delta-8-THC are said to be similar to THC, although not as potent (1). Having a similar euphoric effect as THC is what has made delta-8-THC so popular.

Why Delta 8 THC is Federally Legal

Delta-8-THC is legal at a federal level because it is made from CBD that’s derived from legal hemp. Because the starting material, hemp, is federally legal, so are products derived from hemp, including delta-8-THC.

There are currently no federal laws restricting the production or sale of delta-8-THC. It is up to each state to decide whether or not delta-8-THC is considered legal or illegal at a state level.

Where is Delta-8 Illegal?

Delta-8-THC is currently illegal in 14 states: Alaska, Arkansas, Colorado, Delaware, Idaho, Iowa, Louisiana, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, and Utah.

State laws change regularly and other states may choose to restrict or ban delta-8 in the future.

The Future of Delta 8 THC in Missouri

Delta-8 THC is legal in Missouri. While we can’t say if it will remain that way in the future, one positive development is that the Drug Enforcement Agency (DEA) confirmed that hemp-derived delta-8-THC is legal.

This sends a positive message to state governments and state lawmakers could take it into consideration when making future changes to their delta-8 THC laws.

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