Is CBD Oil Legal in Missouri? - April 2024

Is CBD Oil Legal in Missouri?

A hemp extract registration card is required to buy and consume CBD oil legally in Missouri⁽⁴⁾. Residents with certain medical conditions can obtain this card from the Missouri Department of Health and Senior Services (DHSS).

Individuals qualify for the card if they have the following medical conditions, as listed by the DHSS⁽⁵⁾:

• Cancer
• Intractable epilepsy
• Glaucoma
• Treatment-resistant migraines
• Chronic pain, such as pain associated with seizures and multiple sclerosis
• Debilitating psychiatric disorders
• Human immunodeficiency virus (HIV)
• Acquired immune deficiency syndrome (AIDS)
• A terminal illness
• Inflammatory bowel disease, autism, neuropathies, wasting syndrome, and Alzheimer’s disease
• Other debilitating medical conditions diagnosed by a physician

Cardholders are allowed to possess and use hemp CBD without fear of prosecution. However, they can only use products with less than 0.3% THC (tetrahydrocannabinol) by weight⁽⁶⁾.

THC is one of the primary compounds of cannabis plants known for its mind-altering effects when consumed⁽⁷⁾.

Missouri law also requires these hemp extracts to have at least 5% cannabidiol while having no other psychoactive substance⁽⁸⁾.

Moreover, qualified patients are required to consume marijuana in private⁽⁹⁾. Using cannabis in public places, such as sidewalks, bridges, streets, schools, businesses, and parks, is prohibited.

CBD shop owners may designate private spaces where patients can use medical marijuana.

Individuals who wish to consume hemp products should be approved for the Missouri Hemp Extract Registration Program (MHERP). To apply, individuals must⁽¹⁰⁾:

1. Submit a completed Missouri Hemp Registration Card Application form
2. Submit a completed Missouri Hemp Extract Registration Neurologist Certification form
3. Provide a copy of their Missouri photo identification
4. Provide a copy of their neurologist‘s evaluation

A hemp registration card is valid for one year only. Cardholders who want to remain listed in the program should reapply. Currently, there are only two licensed facilities in Missouri that sell hemp extracts.

With the passage of the 2018 Farm Bill, industrial hemp was no longer a controlled substance in the United States⁽¹¹⁾. Still, residents of Missouri should adhere to MHERP policies and all the regulations established through the medical marijuana program.

Missouri CBD Laws

The cultivation of hemp in Missouri can be traced back to 1835⁽¹²⁾. Records showed that peak hemp production occurred around the mid– to late 19th century.

After the 1970 Controlled Substance Act was passed, controlled substances have been categorized into five schedules based on abuse potential, and cannabis (marijuana) remains a Schedule 1 drug under federal law⁽¹³⁾.

In 2014, after over 40 years, Missouri started making changes to its marijuana laws.

These are the state laws related to CBD legalization in Missouri:

Senate Bill 491

The year 2014 saw partial decriminalization of cannabis possession through Senate Bill 491⁽¹⁴⁾.

Individuals caught in possession of 10 grams of marijuana or less do not face prison time. Instead, they should pay a maximum fine of $500.

Senate Bill 491 passed the Senate and became law without the signature of the then Governor Jay Nixon⁽¹⁵⁾. However, the law did not take effect until January 2017.

House Bill 2238

In July 2014, the then Governor Jay Nixon signed House Bill 2238 or the Missouri Medical Marijuana Bill⁽¹⁶⁾. The law allowed Missouri residents to treat persistent seizures with CBD oil, provided that they have a registration card.

House Bill 2238 assigned the Missouri Department of Agriculture (MDA) to grow industrial hemp and produce extracts to treat epileptic residents. The bill only legalizes hemp extracts that have at least 5% CBD and less than 0.3% THC.

The MDA was tasked to provide cultivation and production facility licenses to nonprofit entities to start producing CBD hemp oil.

Missouri Amendment 2

In November 2018, Missouri voters passed a ballot measure on marijuana legalization⁽¹⁷⁾. It allowed medical marijuana patients to grow up to six cannabis plants at home. They could also purchase at least four ounces of cannabis per month.

Amendment 2 levied a 4% tax for every medical marijuana sale. The tax proceeds went to housing assistance, job training efforts, and healthcare services to veterans.

Despite Amendment 2’s approval, two other initiatives did not win the people’s votes. Amendment 3 had a provision to add to the existing qualifying conditions. However, the proposed tax rate for medical marijuana use was higher, at 15%⁽¹⁸⁾.

Proposition C, a statutory change, was intended to lower the medical cannabis tax. However, it only garnered 44% support from Missouri voters and was not approved.

Senate Bill 133

Senate Bill 133 was drafted by Senator Mike Cunningham and signed to law by Governor Mike Parson in June 2019⁽¹⁹⁾. The bill requires any person who sells or distributes hemp to obtain a permit from the MDA.

Under this law, hemp registration may be transferred to a person who meets a registrant’s requirements. It also requires farmers to have a separate registration for each outdoor or indoor hemp cultivation area.

Hemp farmers need to have their crops tested for THC. Any crop that averages more than the allowed THC concentration under federal law may be destroyed.

The Missouri State Highway Patrol may also carry out aerial surveillance to check for illegal industrial hemp farms.

Municipal Reforms

• Columbia – In 2004, Columbia passed a ballot to decriminalize medical cannabis⁽²⁰⁾. One of its objectives was to ensure that qualified patients were not punished for possessing medical marijuana.
• St. Louis – In 2013, the city voted to allow police to cite individuals rather than arrest them for possessing over 35 grams of marijuana⁽²¹⁾. The cited persons are subjected to a fine ranging from $100 to $500.
• Kansas City – In 2017, city residents approved a ballot measure to decriminalize individuals who possess up to 35 grams of marijuana⁽²²⁾. Violators were required to pay a fee of $25 and did not face jail time.

Licensing Requirements

People who want to grow hemp plants commercially are required to apply for an MDA Hemp Program license. These are the essential details applicants should know about the application process⁽²³⁾:

• Interested individuals can send their applications at any time of the year.
• Forms must be mailed to this address: Missouri Department of Agriculture, Industrial Hemp Program, PO Box 630, Jefferson City, MO 65102-0630.
• Each application must include a nonrefundable personal check, business check, cashier’s check, or money order of $750 to be paid to the Missouri Department of Agriculture.
• Producers are required to submit to a state and federal criminal background check.
• There is no restriction on the number of permits or registrations that can be issued.
• There is no minimum or maximum acreage for registrants.
• Registrations and permits are valid for three years. Continued compliance is required to maintain the license.
• License holders should pay an annual fee of $750.
• Individuals are limited to one parcel of land for each application. A parcel is a piece of land that has a unique legal land description.
• A producer registration authorizes individuals to cultivate industrial hemp in the state. Registered producers are allowed to sell their crops once the hemp plants have passed the accepted THC levels.
• An Agricultural Hemp Propagule and Seed Permit allows a person to sell and distribute industrial hemp in Missouri. Permit holders must obtain a producer registration if they plan to keep agricultural hemp for more than 48 hours.

Testing Requirements

Producers are responsible for choosing a hemp–testing laboratory that adheres to the state’s medical marijuana laws⁽²⁴⁾.

Registered producers must choose a testing laboratory registered with the Drug Enforcement Administration (DEA). A lab does not have to be located in Missouri. However, producers should review carrier policies before shipping the sample to the laboratory.

Certificates of analysis (COAs) must be sent to the Missouri Department of Agriculture for compliance. Producers can email them to [email protected].

Registered producers are given three days to submit their non-compliant (fail) results. Meanwhile, compliant (pass) results should be sent within thirty days.

Third-party laboratories can send the results on behalf of a producer. However, it is the producer’s responsibility to ensure that the reports are delivered to the program staff.

Buying CBD Legally

Patients and caregivers registered under the MHERP can purchase marijuana for medical use. The patient’s doctor may certify up to 4 ounces of dried, unprocessed cannabis within 30 days⁽²⁵⁾.

In case a higher amount of medical marijuana is required, patients need to submit two independent doctor certifications. These documents should specify the additional amount required by the patient.

How to Choose Which CBD Products to Buy

Due to CBD legality in the United States, Missouri residents can now use cannabidiol for various reasons. Many stores and dispensaries are now selling high-quality CBD products, such as topicals, edibles, oils, and vapes.

To determine the best CBD oil product in Missouri, one should seek a brand that meets legal requirements.

Here are a few things to keep in mind when deciding to buy CBD oil in Missouri:

Check Brand Reviews

Before buying CBD products in Missouri, individuals must check brand reviews, including ratings and accreditation from the Better Business Bureau (BBB). BBB-accredited brands are reliable as they pass certain categories, like customer service and ethical business practices. 

Moreover, membership in hemp organizations, such as the Missouri Hemp Producers Association, is another relevant factor when assessing a brand’s credibility.

Purchase Third-Party Lab–Tested Products Only 

Reputable third-party laboratories ensure that hemp CBD products do not have unwanted additives. These contaminants can include harmful solvents and heavy metals.

Through third-party lab reports, users can determine if the product’s actual CBD content matches what the brand has on the product label.

Ideal CBD companies make these lab reports readily accessible to the public. Many online retailers upload their COAs on their website.

Choose CO2–Extracted CBD

Supercritical CO2 extraction is considered a safe and efficient method of obtaining cannabinoids from cannabis⁽²⁶⁾. The approach does not require using additional solvents or heat, ensuring the purity of the final product.

The equipment required to perform CO2 extraction is expensive. Still, companies that use this method are more likely to commit to producing high-quality CBD products.

Double-Check THC Levels

According to federal law, CBD products with a THC content of more than 0.3% are illegal⁽²⁷⁾. People in possession of CBD with high THC levels may be subject to prosecution.

Individuals should double-check the THC content of their CBD before making a purchase. Accessing a product’s certificate of analysis can help identify THC levels.

Be Knowledgeable of CBD Product Labels

Buyers should ensure that they acquire CBD from brands that follow the correct packaging and labeling guidelines. Therapeutic claims on CBD product labels are not allowed by the Food and Drug Administration (FDA)⁽²⁸⁾.

These are the following details to look for when checking product labels:

• Amount of CBD per serving
• Ingredients used in the product
• Net weight
• Name of distributor or manufacturer
• Suggested product use
• CBD type
• Batch code

Many reputable CBD brands readily provide these details on the packages of their products.

Where to Buy CBD Products Legally

Missouri residents need to provide a neurologists’ recommendation instead of a prescription before they can buy CBD oil⁽²⁹⁾.

These are the DHSS-licensed dispensaries where users can buy CBD oil in Missouri⁽³⁰⁾:

• GRD Moberly in Moberly
• BeLeaf Medical in Saint Peters
• Missouri Health & Wellness in Sedalia and Washington
• Harmony in Neosho
• The Dispensary in Cassville
• Old Route 66 Wellness in Springfield and Ozark
• Nirvana Bliss in Ballwin and Ellisville
• Fresh Green in Lee’s Summit

These CBD shops in Missouri have been approved to operate as of November 30, 2020.

Apart from the minimum standards, like the entity being owned by natural persons who have been residents of the state for at least a year and the entity not operating within 1,000 feet of an existing elementary or secondary school or church, DHSS requirements include the following⁽³¹⁾: 

• Character, background, veracity, qualifications, and relevant experience of principal officers or managers
• Site security
• Capacity or experience with healthcare, the suitability of the proposed location, and its accessibility for patients

Evaluations include numerical scoring. Thus, DHSS-licensed dispensaries are credible as they have passed in terms of safety, security, and credibility.

Missouri residents can also buy online, directly from the brand’s website or from other CBD retailers.

Understanding CBD

CBD is a compound obtained from cannabis plants believed to exert several pharmacological effects. It has been found to have antioxidant and anti-inflammatory properties⁽³²⁾.

There are three types of cannabidiol oils available: full-spectrum, broad-spectrum, and CBD isolates.

Full-spectrum CBD contains all the components of cannabis plants. It includes THC and other phytocannabinoids, which some people prefer.

Meanwhile, broad-spectrum CBD offers the same cannabinoid profile as full-spectrum CBD, except it has no THC. This variant is for individuals who want to avoid failing a drug test or are allergic to THC.

People who prefer to consume pure CBD can choose isolates. These products are often sold in crystalline or powdered form. Users can inhale CBD isolates by heating them through a device called “dab rig.”

Conclusion

Missouri residents can only use CBD oil if they have a hemp extract registration card. This card can be obtained through the Missouri Hemp Extract Registration Program.

Cardholders can possess and use CBD, granted that the product contains less than 0.3% THC by dry weight. The product should also contain at least 5% cannabidiol.

One way to verify CBD and THC content is by checking a product’s certificate of analysis. Most reputable CBD companies make their lab reports readily available to the public.

People should seek advice from a doctor before deciding to purchase any CBD product. A physician can advise users on cannabidiol use and its potential interactions with other prescribed medications.

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1. Missouri Department of Health & Senior Services. Missouri Hemp Extract Registration Program. Retrieved from: https://health.mo.gov/about/proposedrules/hempextract.php
2. Missouri Department of Health & Senior Services. Qualifying Medical Conditions. Retrieved from: https://health.mo.gov/safety/medical-marijuana/how-to-apply.php
3. Missouri Revisor of Statutes.  Title XII PUBLIC HEALTH AND WELFARE Chapter 195.207. Retrieved from: https://revisor.mo.gov/main/OneSection.aspx?section=195.207&bid=10059&hl#BOTTOM
4. Missouri Department of Health & Senior Services. Missouri Hemp Extract Registration Program. Retrieved from: https://health.mo.gov/about/proposedrules/hempextract.php
5. Missouri Department of Health & Senior Services. Qualifying Medical Conditions. Retrieved from: https://health.mo.gov/safety/medical-marijuana/how-to-apply.php
6. Missouri Revisor of Statutes.  Title XII PUBLIC HEALTH AND WELFARE Chapter 195.207. op. cit.
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8. Missouri Revisor of Statutes.  Title XII PUBLIC HEALTH AND WELFARE Chapter 195.207. op. Cit.
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12. University of Missouri. Industrial Hemp. Retrieved from: https://extension.missouri.edu/programs/industrial-hemp/
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14. Missouri State Senate (2014, May 13). SB 491. Retrieved from: https://www.senate.mo.gov/14info/BTS_Web/Bill.aspx?SessionType=R&BillID=27723523
15. Marijuana Policy Project (2014, May 16). Missouri Becomes 19th State To Decriminalize Marijuana Possession. Retrieved from: https://blog.mpp.org/prohibition/missouri-becomes-19th-state-to-decriminalize-marijuana-possession/
16. Missouri House of Representatives (2014). HOUSE BILL NO. 2238. Retrieved from: https://house.mo.gov/billtracking/bills141/biltxt/truly/HB2238T.htm
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18. Ibid.
19. TrackBill. Missouri SB133. Retrieved from: https://trackbill.com/bill/missouri-senate-bill-133-modifies-provisions-relating-to-agriculture/1608188/
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22. Ballotpedia. Kansas City, Missouri, Marijuana Possession Penalty Reduction, Question No. 5 (April 2017). Retrieved from: https://ballotpedia.org/Kansas_City,_Missouri,_Marijuana_Possession_Penalty_Reduction,_Question_No._5_(April_2017)
23. Missouri Department of Agriculture. Missouri Industrial Hemp Program Applications. Retrieved from: https://agriculture.mo.gov/plants/industrial-hemp/applications.php
24. Missouri Department of Agriculture. Industrial Hemp Frequently Asked Questions. Retrieved from: https://agriculture.mo.gov/plants/industrial-hemp/faq.php
25. Missouri Department of Health & Senior Services. Medical Marijuana General FAQs. Retrieved from: https://health.mo.gov/safety/medical-marijuana/faqs-general.php
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27. Hudak, J (2018, Dec. 14). The Farm Bill, hemp legalization and the status of CBD: An explainer. op. cit.
28. US Food & Drug Administration (2020, Oct. 1). FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD). Retrieved from: https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd
29. Missouri House of Representatives (2014). HOUSE BILL NO. 2238. op. cit.
30. Missouri Department of Health & Senior Services. Licensed Facilities. Retrieved from: https://health.mo.gov/safety/medical-marijuana/licensed-facilities.php
31. Rules of Department of Health and Senior Services. (2020, Nov. 30). Retrieved from https://www.sos.mo.gov/CMSImages/AdRules/csr/current/19csr/19c30-95.pdf
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