Is THCA legal in Missouri? Missouri hemp, CBD and THC product laws

The law in Missouri

Missouri rewrote its hemp law in 2026. HB 2641, passed on April 2 and signed on April 23, creates the Intoxicating Cannabinoid Control Act in section 195.900 of the Revised Statutes, and it takes effect on November 12, 2026. It defines hemp as the plant and its derivatives, extracts, cannabinoids, isomers and acids with no more than 0.3 percent total THC, including THCA, on a dry weight basis, and it leaves out of that definition any finished product with more than 0.4 mg of total THC per container and any product made with cannabinoids synthesized outside the plant.

The marijuana side comes from Article XIV, section 2, of the Missouri Constitution, adopted by voters on November 8, 2022. It makes marijuana legal for adults 21 and older, lets them possess up to three ounces of dried, unprocessed marijuana or its equivalent, and licenses the businesses through the Department of Health and Senior Services. Missouri's older industrial hemp program sections, 195.740 to 195.773, were repealed effective August 28, 2023.

1. November 8, 2022Voters adopt Article XIV, section 2, making marijuana legal for adults 21 and older.
2. August 28, 2023Missouri's industrial hemp program sections, RSMo 195.740 to 195.773, are repealed.
3. August 1, 2024Executive Order 24-10 tells the health department to embargo foods with unregulated psychoactive cannabis products from September 1.
4. April 23, 2026The Governor signs HB 2641, the Intoxicating Cannabinoid Control Act.
5. September 25, 2026An emergency rule adds mitragynine pseudoindoxyl, MGM-15 and MGM-16 to Schedule I.
6. November 12, 2026The Intoxicating Cannabinoid Control Act takes effect.
7. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

The Intoxicating Cannabinoid Control Act

The act defines a hemp-derived cannabinoid product as any intermediate or final product from hemp, other than industrial hemp, that contains cannabinoids in any form and is meant for people or animals, whether inhaled, eaten or applied to the skin. It says these products are marijuana under Article XIV, and that growing, making, testing, moving and selling them may be done only by entities the department licenses under Article XIV. Section 5 adds that hemp and industrial hemp are not marijuana and are not regulated by the act.

The act takes effect on November 12, 2026 for four groups of products:

• products with cannabinoids the plant cannot produce, or that were synthesized or made outside the plant;
• products sold as smokable or vapeable flower, bud or raw plant material that contain any THCA;
• candy, gummies, chewables, tablets, capsules, oils, baked goods and other solid edibles with hemp-derived delta-9 THC above the level found naturally in the source plant;
• every other covered product, unless Congress delays the federal hemp limits on or before that date, in which case the act reaches those products only while federal law bars them, and they still may not be sold to anyone under 21.

1. CBD Softgels Extra StrengthNeurogan$0.013/mg
2. CBD Isolate Gummies, 150mg, LemonLazarus Naturals$0.013/mg
3. Multicannabinoid OilNuLeaf Naturals$0.028/mg
4. CBD Oils 2000 mg: UnflavoredIrwin Naturals$0.034/mg
5. CBD Gummies with Melatonin for SleepCBDfx$0.037/mg
6. Lemonade Full Spectrum CBD Tincture, 1,500 mgMedRoots$0.040/mg

The department's guidance, updated October 23, 2026, reads the act as making intoxicating hemp products marijuana, with that limited exception tied to federal action. It says beverages with naturally occurring cannabinoids, not synthesized or made outside the plant, are not subject to Article XIV until December 11, 2026, so long as they are not sold to anyone under 21.

THCA flower and delta-8

From November 12, 2026, hemp flower, bud or raw plant material sold for smoking or vaping that contains any THCA falls under the act, so only a licensed Article XIV facility may sell it, as marijuana. The hemp definition itself counts THCA toward the 0.3 percent total THC limit.

No Missouri statute names delta-8 THC. Products made with cannabinoids synthesized or converted outside the plant are left out of the hemp definition, and the department says synthetic cannabinoids and cannabinoids made by chemically converting other cannabinoids remain prohibited for its licensees. Missouri's Schedule I lists tetrahydrocannabinols except those in industrial hemp.

Age, licenses and enforcement

Article XIV limits marijuana to adults 21 and older, and the act sets 21 as the floor for the products whose start date depends on federal action. A violation of the act carries a fine of $5,000 per transaction, counting each single unit sold, and is a class D felony. The Attorney General has primary enforcement jurisdiction, working with the department, the Department of Public Safety and its Division of Alcohol and Tobacco Control, and the State Highway Patrol.

The act also bars any seller of CBD, hemp, cannabinoid or marijuana products, other than a licensed dispensary, from using the word dispensary in its business name. The department's guidance says its licensees may buy and sell hemp products with no more than 0.3 percent total THC and no more than 0.4 mg of total THC per container, such as CBD, CBN and CBG products, from sources outside Missouri's licensed facilities. We found no court order blocking the act as of November 11, 2026.

CBD in food

Executive Order 24-10, issued on August 1, 2024, told the department to find, from September 1, 2024, that foods containing unregulated psychoactive cannabis products are adulterated, and to embargo and condemn them, leaving out products sold through licensed Article XIV facilities. The Governor's office said on September 10, 2024 that the alcohol division's emergency rules under the order had been refused, that the Attorney General and the division were forming a joint task force, and that the department would keep embargoing such foods. We found no Missouri statute that addresses CBD in food outside the act.

Kratom, kava, amanita and spores

Section 195.017 does not list kratom, mitragynine or 7-hydroxymitragynine. An emergency amendment to 19 CSR 30-1.002, filed September 11, 2026 and effective September 25, 2026 through March 23, 2027, added mitragynine pseudoindoxyl, MGM-15 (also called dihydro-7-hydroxymitragynine) and MGM-16 to Schedule I, as part of an update for federal scheduling actions. Psilocybin and psilocyn are Schedule I, and we found no Missouri statute naming kava, amanita muscaria or mushroom spores.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.