Is CBD Oil Legal in Missouri?

person Larry Ostrovsky
calendar_today Jul 16, 2018

Possessing CBD oil in Missouri is now legal, with a few provisos. Patients with intractable epilepsy can enroll in the Missouri Hemp Extract Program to avoid legal repercussions for possession of CBD oil. Read on for the legal lowdown on CBD and other cannabinoids’ legal status in Missouri for other health conditions.

Federal Regulations About CBD Possession

The national trend leans toward the full legalization of the medical and recreational use of marijuana and hemp products, with a recent Gallup poll indicating that as many as 60% of Americans are in favor of full access.

Even the national Drug Enforcement Agency recently issued a directive of guidance for its staff and field agents to reiterate—most cannabinoids (CBD is one) are legal if hemp-derived. All marijuana-derived products are still considered Schedule 1 drugs and are therefore illegal.

“Products and materials that are made from the cannabis plant and which fall outside the CSA definition of marijuana (such as sterilized seeds, oil or cake made from the seeds, and mature stalks) are not controlled under the CSA. Such products may accordingly be sold and otherwise distributed throughout the United States without restriction under the CSA or its implementing regulations. The mere presence of cannabinoids is not itself dispositive as to whether a substance is within the scope of the CSA; the dispositive question is whether the substance falls within the CSA definition of marijuana.” [1][2]

The law is clear that the “mere presence” of CBD in a product doesn’t make it illegal.

So, the law is clear that the “mere presence” of CBD in a product doesn’t make it illegal. The targeted substance in all cannabis-derived products is THC or delta-9-tetrahydrocannabinol. All cannabis plants naturally contain THC, but hemp’s content tends to be lower.

Yet Missouri is one of the few conservative states that seems to be dragging their feet to fully legalize medicinal marijuana and hemp products.

RELATED: Is CBD Oil Legal?

But Really, Is CBD Oil Legal in Missouri?

Despite the steady loosening of federal and state legislature and looking at isolated incidents, Missouri’s law enforcement is still playing it safe.

For instance, CBD Boutique, which is a small shop selling CBD-based health products in Buffalo, was raided and closed by local police early in May 2018. They cited lack of proof that the shop’s CBD products were legal. The embattled owners immediately jumped to get a fair hearing, and on May 21, Sherry Mosley and her husband were strongly supported by Buffalo residents during a city council meeting.

Is CBD Oil Legal in Missouri?

In an uncharacteristically packed city hall, to an audience of Buffalo aldermen and residents, locals explained their health reasons for needing the CBD products from CBD Boutique. Allegedly, supporters even submitted an independent lab study of the shop’s CBD products, which showed these to have less than 0.02 percent THC content. This is way below the national legal threshold as stipulated in the Farm Act, 2014.

Still, the shop was denied a permanent trading license that would allow the sale of CBD products, and it was still closed at the time of writing. In an interview with Ozarksfirst.com, owner and manager of CBD Boutique Sherry Mosley commented:

“I think there's more to it than the legality. Cause we proved the legality. When we prove the legality they wanted more. For instance, they wanted proof of what the paste was made of, was it made of stock, was it made of legal part of the industrial hemp plant, you know if it wasn't one thing it's another." [3][4]

That said, regarding CBD oil, Missouri law seems to be easing up a little.

CBD Oil Legal in Missouri for Epilepsy Patients

In May 2018, the Missouri General Assembly gave approval to legislation that eased access to CBD oil (with minimal THC content) specifically for the treatment of intractable epilepsy.

The House and Senate also endorsed a proposal that would allow MO residents to grow, cultivate, harvest, and process industrial hemp. This will require prospective farmers and cultivators to obtain a permit from the state department of agriculture.

Federally, hemp is only legally allowed to be farmed, processed, and/or distributed for research purposes, with permission from the various state departments of agriculture. [10]

Federally, hemp is only legally allowed to be farmed with permission from the various state departments of agriculture.

In addition, a partisan bill led by Rep. Jim Neely is waiting to be enacted. This bill would allow all people with doctor-verified terminal illnesses to get the same CBD oil concessions as epilepsy patients. An amendment attached to the bill expanded access to other people suffering from non-terminal diseases, according to an article in kansascity.com.

Neely’s daughter died of cancer a few years ago. He is a physician with experience in hospice care, and he was reported to have said that “we want to provide this comfort to the folks here in Missouri." [5]

Across the globe, CBD oil is indeed comforting millions suffering from epilepsy. Missouri patients seem to be slow on the uptake (reportedly, less than 300 Missouri hemp registration cards have been issued so far), but the option is there for them.

Legal Participation in Missouri Hemp Extract Program

If you or a loved one has been diagnosed with intractable epilepsy, possession of no more than 20 ounces of CBD oil is legal in Missouri if you A) have obtained a free registration card from the Missouri Department of Health and Senior Services, and B) buy your CBD oil from a state-licensed facility. You will need to fill in a Missouri Hemp Registration Card Application Form in order to get the card. [6]

Buy your CBD oil from a state-licensed facility.

A successful card registrant is:

A Missouri resident.
Eighteen years or older, or the parent or legal guardian responsible for the minor’s care.
In possession of a neurologist-issued statement that you or your legal minor has been diagnosed with intractable epilepsy and will benefit from treatment with a hemp-extract or CBD oil. The specialist needs to complete the Missouri Hemp Extract Registration Neurologist form, and they need to be Missouri-registered and board-certified as a neurologist. [7]
An optional Missouri Hemp Extract Registration Card Certification for Waiver Form can be completed in order to have more than 20 ounces of CBD oil in your possession. [8]

To date, it is unclear whether people buying or selling CBD oil for other, less serious health issues will be prosecuted, but that is legislation for you. Clear as mud, as Kansas City’s legal maneuvers illustrate.

Since May 24, 2018, Kansas City’s legislature allows for CBD without any THC, making it legal for residents to sell, possess, and use pure CBD oil without fear of prosecution. However, even just a small amount of THC will render the product illegal. [9]

So, the question, “Is CBD oil legal in Missouri?” has neither straightforward nor clear-cut answers, except for patients with intractable epilepsy. It would be safe to say that attitudes are changing and legal strongholds are easing up, though, and MO residents may soon be able to freely enjoy the many benefits of CBD oil.

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