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January 11, 2023
Delta 8

Is Delta-8 Legal in Missouri?

Confused about the legality of delta-8 THC in Missouri? No wonder! Things are changing fast right now. Here’s the basic summary as of December 2022:

  • Delta-8 THC is legal in Missouri, mostly based on the 2018 Farm Bill
  • Medical marijuana is also legal in Missouri, and has been since 2018
  • Now, recreational cannabis has been made legal—although it’s not on the shelves at the time of this writing

Read on to learn more about delta-8 in Missouri!

What Is Delta-8 THC?

Delta-8 is one of the over 100 cannabinoids that cannabis plants produce in nature. The legal distinction as marijuana or hemp is based on the amount of delta-9-tetrahydrocannabinol (THC) in the plant.

Delta-8-tetrahydrocannabinol (delta-8 THC) is an isomer of delta-9 THC. Both delta-8 THC and delta-9 THC are psychoactive, but delta-8 THC produces fewer of the classic THC side effects because it is milder and less intoxicating.

Delta-8 THC can be found in vape cartridges, topicals, tinctures, edibles like delta-8 gummies, distillates, and flower, depending on where you live.

Is Delta 8 Legal Under Federal Law?

Right now, most state laws don’t specifically address delta-8 THC with regulations or laws, but around 18 states do. We’ll talk about those below.

Most states focus on CBD products and hemp, or allow some form of medical cannabis, or just define marijuana and delta-9 tetrahydrocannabinol or THC.

Congress passed the Farm Bill in 2018 and the US Department of Agriculture (USDA) started to implement programs right away. The bill legalized hemp and other THC isomers like delta-8 and delta-10 THC, as well as non-intoxicating cannabinoids such as cannabidiol (CBD), CBC, and CBG in the United States.

The 2018 Farm Bill defines delta-9-tetrahydrocannabinol or delta-9 THC as the prohibited substance in cannabis plants and defines hemp based on having a delta-9 THC concentration of 0.3 percent or less.

Through a kind of loophole, this leaves the other cannabinoids mentioned, including delta-8 THC, out.

To sum up: extractions and derivatives from industrial hemp are legal. That’s because Cannabis sativa plants with less than 0.3% delta-9 THC by dry weight are considered legal hemp plants.

This means that right now, the Farm Bill leaves delta-8 legal. Although they are still cannabis plants, the law excludes hemp plants and all hemp-derived products, making them legal.

In August 2020 the US Drug Enforcement Administration (DEA) published an Interim Final Rule (IFR) that distinguishes hemp, hemp-derived delta-8, and other cannabinoids from marijuana. However, the rule also says that delta-8 THC is a form of synthetic THC, which would make it a Schedule I controlled substance at the federal level if the rule becomes law.

What is the Legality of Delta-8 in Missouri?

Missouri lawmakers legalized medical cannabis using a ballot measure in 2018. For four years, only people with a medical card could participate in the Missouri medical marijuana program, but in 2022, Missouri voters approved a constitutional amendment legalizing the drug for anyone 21 or older. As of Dec. 9, when Amendment 3 was added to the state’s constitution, Missouri became the 21st state to allow recreational cannabis.

Today, cannabis and delta-9 THC are legal in the state of Missouri for both medicinal and recreational use. Both the recreational marijuana industry and Missouri medical marijuana program are strictly regulated.

But What About Restrictions on Delta-8 THC?

In Missouri you can buy delta-8-THC and other cannabis products at state licensed dispensaries. But if you’re not in Kansas City or close to other big cities where there are lots of dispensaries, it’s often easiest to buy delta-8 THC online.

State laws in many other places have now restricted, regulated, or banned delta-8 THC products in some way. Right now, cannabis growers and buyers and sellers of delta-8 THC are watching legal changes in these states:

Arizona, Arkansas, Alaska, Colorado, Connecticut, Idaho, Delaware, Iowa, Kentucky, Mississippi, Michigan, Nevada, Montana, Vermont, New York, North Dakota, Rhode Island, Texas, Utah, and Washington.

These states are considering regulatory clarifications or legislative bans:

Illinois, Alabama, Oregon, and Oklahoma.

Final Thoughts on Delta-8 THC in Missouri

For now, under Missouri law delta-8 THC and its smooth, mellow high is still fair game. And you can get it delivered right to your door! It’s pretty hard to pass it up, especially when you really don’t feel like trekking to that dispensary and you want the very best delta-8 products!

Disclaimer: Remember, check your local and state laws and regulations before you place any kind of order, including before you buy delta-8 THC. And whatever reasons you have for using cannabis and THC products, be aware that they are not regulated by the US Food and Drug Administration (FDA). Only retailers that can show you high-quality ingredients and lab tests should become your trusted sellers. Delta-8 THC is for adult-use only.