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Delta 8 and Missouri State Law

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Delta 8 and Missouri State Law

The past few years have seen many states legalize medical cannabis as well as some recreational adult use of cannabis, even though cannabis is still considered a Schedule I controlled substance by the DEA. While there definitely change coming for cannabis as a whole, there are other cannabinoids that have recently become available to the general public that offer some of the same effects that cannabis can. One cannabinoid is called Delta 8. Let’s take a look at Delta 8 and federal laws along with Missouri state law.

Delta 8

So what is Delta 8? It’s a psychoactive cannabinoid similar to Delta 9, which is the main psychoactive cannabinoid within cannabis that creates the euphoric high that consumers aim for when taking cannabis. But there is a big difference between these two cannabinoids, and it’s on the molecular level. Structurally, both Delta 8 and Delta 9 are similar. The difference comes in the form of a double bond on the carbon chain. Delta 8 has a double bond on the 8th carbon chain. Whereas Delta 9 has a double bond on the 9th carbon chain. This difference may seem small but has major differences between the two cannabinoids.

With the double bond difference, Delta 8 has been reported to be less potent than Delta 9. It’s also reported to be much more controllable. Many consumers who have tried Delta 8 say that they still feel similar effects that Delta 9 offers, but that they were in control of their high. They remained lucid the entire time they felt Delta 8 in their systems. Plus, Delta 8 products naturally contain less than 0.3 percent of Delta 9 in them. This makes Delta 8 legal to produce, sell, and consume on the federal level. 

Farm Bill

Federal level, what does that mean? It means that if you consume Delta 8, you cannot get in trouble on a federal level. This is thanks to the Farm Bill, passed in 2018 by the USDA. Within this bill, there is a distinct definition between cannabis and hemp. They may be the same plant, but they offer completely different effects. The Farm Bill specifically states: 

“The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

As long as products contain less than 0.3 percent of Delta 9, then it is legal to sell, produce, and consume. At least on the federal level. But just because something is legal on the federal level doesn’t mean that it is legal in every state. Each state has their own rules and regulations that they create. Many have adopted the Farm Bill definition in terms of Delta 8 legality in their state. But what Delta 8 laws are there in Missouri?

Missouri State Law

Missouri has adopted the Farm Bill definition of industrial hemp, meaning that Delta 8 is legal within the state to produce, sell, and consume. The law specifically states

“‘Industrial hemp’:

(a) All nonseed parts and varieties of the Cannabis sativa L. plant, growing or not, that contain an average delta-9 tetrahydrocannabinol (THC) concentration that does not exceed three-tenths of one percent on a dry weight basis or the maximum concentration allowed under federal law, whichever is greater;

(b) Any Cannabis sativa L. seed that is part of a growing crop, retained by a grower for future planting, or used for processing into or use as agricultural hemp seed;

(c) Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products derived from industrial hemp with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis;”

If a product containing Delta 8 fits within these guidelines, then it is legal in Missouri. Because laws are always subject to change, research the laws in your state before purchasing and consuming Delta 8 products.

Make sure to check back for more cannabis and hemp related news.