CBD in Missouri

An increasing number of Americans are using cannabidiol (CBD) to improve their general health and well-being. In some cases, this plant-based compound may be a powerful treatment for specific conditions, such as epilepsy, [1] anxiety, and insomnia, but it appears that CBD may also prevent disease [2] and improve skin, digestive, and organ health.

CBD users in Missouri, however, are confronted with a complex and seemingly contradictory legal framework as they attempt to determine whether or not the ownership and use of this substance are allowed under state and federal law. In this guide, we’ll clear up some common misconceptions surrounding the use of CBD hemp oil in Missouri, and we’ll provide some background information on this promising alternative treatment.

Is CBD Oil Legal in Missouri?

People across the country are frequently confused regarding whether or not it is legal to use CBD in their home states, but the law surrounding this subject is actually quite straightforward. In 2014, Congress passed the Agricultural Act of 2014 into law, and this piece of legislation makes special provisions for the cultivation of industrial hemp under Section 7606. [3]

This section technically makes CBD extracted from hemp federally legal, but until recently, the U.S. Drug Enforcement Agency (DEA) still considered CBD to be a type of marijuana, and, therefore, a Schedule I drug. With the passing of the Agricultural Act of 2018, however, cannabidiol from hemp is no longer considered to be an illegal drug, and the decision on the legality of the sale and ownership of CBD has been relegated to the state level. [4]

In 2014, Missouri passed HB 2238, [5] which granted patients with incurable epilepsy access to cannabis oil that contains less than 0.3 percent THC and at least 5 percent CBD. However, patients are only allowed access to CBD in Missouri with the recommendation of a neurologist and a state-issued hemp registration card. Eligible patients are only allowed to purchase CBD from “cannabidiol oil care centers” that are administered by the Missouri Department of Agriculture (MDA).

However, this state legislation hasn’t prevented people without hemp registration cards from using CBD in Missouri. While cannabidiol-rich hemp oil is technically illegal for general consumer use in this state, the majority of prosecutors and law enforcement agencies in Missouri have chosen not to prosecute the sale or ownership of CBD. [6]

Individuals have never been prosecuted for the ownership or use of CBD in this state, but retailers have been arrested for selling this type of cannabis oil in Missouri. Now that CBD is legal at the federal level, it’s likely that Missouri will soon follow suit in making it legal to sell this product in retail stores that aren’t administered by the state. At this point, however, retailers in Missouri could still be prosecuted for selling CBD without state approval.

How Can I Get CBD Oil in Missouri?

The only way to legally acquire CBD in Missouri is to receive a recommendation for a hemp registration card from a neurologist. Only patients with intractable epilepsy are eligible for these registration cards, which makes it hard for average Missourians to experience the potential benefits of this natural, plant-based substance for themselves.

However, certain natural foods and specialty stores in Missouri sell CBD in retail settings. This action is technically in violation of state law, but prosecution of the sale of CBD outside of the established channels is rare. It’s also possible to purchase CBD products from certain online retailers.

What Is CBD Oil?

CBD oil is a type of Cannabis sativa extract that contains high amounts of cannabidiol. This substance is a type of cannabinoid, which is a term referring to the active compounds in Cannabis sativa. Other examples of cannabinoids include tetrahydrocannabinol (THC) and cannabigerol (CBG).

Unlike THC, CBD does not have a psychoactive effect, which means that it does not significantly alter perception or serve as an intoxicant. Instead, it appears that CBD has profound anti-inflammatory qualities, [7] which becomes highly relevant upon consideration that the latest science indicates that most (if not all) types of disease are caused by inflammation. [8]

While most types of Cannabis sativa plants have been bred to produce buds that are high in THC, CBD is derived from plants that have been bred to be high in CBD. This substance is extracted from Cannabis sativa plants in oil form, and in this unprocessed state, it also contains trace amounts of THC, other cannabinoids, and the various terpenes that are naturally present in cannabis. This terpene-rich oil is called full-spectrum CBD.

A further extraction process can be performed on CBD oil to remove all components except CBD. The resulting substance is called isolate CBD, and it is usually sold in a slab or powdered form. While some patients prefer isolate CBD to full-spectrum CBD, a synergistic effect may be offered through the interaction between CBD and the trace cannabinoids and terpenes that are present in full-spectrum CBD.

What Types of CBD Oil Are Legal in Missouri?

According to Missouri law, an individual who has been given a doctor’s recommendation to receive a hemp registration card may own CBD products that have less than 0.3 percent THC and at least 5 percent CBD. This definition of a legal CBD product provided by the state of Missouri partially mirrors federal legislation; according to federal law, CBD oil is defined as any hemp extract that contains less than 0.3 percent THC.

Missouri takes things further, however, by mandating that CBD oil products sold to epileptic patients in this state must contain at least 5 percent CBD. It’s likely that this clause was put in place to ensure that patients receive genuine CBD products.

What Can I Use CBD Oil for in Missouri?

Under Missouri law, CBD oil can only be recommended and used for certain types of intractable epilepsy. This law is, however, in conflict with federal legislation, and the chance of an individual being prosecuted for using CBD for other purposes in Missouri is infinitesimally small.

Do I Need a Prescription or Medical Marijuana Card to Use CBD in Missouri?

Technically, a neurologist’s recommendation and a hemp registration card are required to use CBD in this state. Federal law, however, allows individuals to use CBD for any purposes they desire with or without this state-mandated hemp registration card, and individuals have never been prosecuted for using CBD without a doctor’s recommendation or registration card in Missouri.

Can I Buy CBD Online in Missouri?

There are plenty of internet-based CBD companies that would be more than happy to sell their products to residents of Missouri. This type of sale is technically illegal under Missouri law, but there is virtually zero chance of a resident of this state being prosecuted for purchasing CBD online or receiving shipment of a CBD product. Individuals in Missouri who want to stay within the letter of the law, however, should avoid purchasing CBD online, and they should go through the state-sanctioned process instead.

Sources:
1. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5767492/
2. https://www.consciouslifestylemag.com/cbd-health-benefits/
3. https://www.votehemp.com/wp-content/uploads/2018/07/Pages_from_farm0127.pdf
4. https://www.consumerreports.org/marijuana/will-new-farm-bill-make-cbd-legal-everywhere/
5. https://house.mo.gov/billtracking/bills141/sumpdf/HB2238T.pdf
6. https://krcgtv.com/news/local/questions-surround-legality-of-new-columbia-store-offering-cbd-pain-relief
7. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3085542/
8. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3492709/