do you need a prescription for cbd oil in missouri

Is CBD Legal in Missouri?

Patients often ask us whether CBD is legal in Missouri. Shops selling cannabidiol products are appearing all over the Show Me State, but most if not all of these retailers may be in violation of state law, which is one of the strictest in the nation. If you are thinking of purchasing that tincture or gummy product, there are a few things you will need to know first.

Is CBD Legal in Missouri?

When it comes to CBD and hemp, Missouri is a sea of contradictions. On the one hand, Missouri is the second-largest hemp producer in the nation (behind Kentucky). On the other hand, Missouri has some of the nation’s least consumer-friendly hemp laws.

Under the current law, CBD is only legal for patients participating in the Missouri Hemp Extract Registration Program (MHERP). This program is designed exclusively for patients with intractable epilepsy.

In order to be enrolled in the program, prospective patients must be approved by the Division of Community and Public Health and must have an official diagnosis from a state-licensed neurologist. Finally, patients who do receive approval are only permitted to purchase CBD oil from one of two state-licensed facilities.

If you purchase CBD from one of the many CBD retailers that are appearing in St. Louis and other major cities, you do so at your own risk. While we haven’t found evidence of individuals being prosecuted for CBD possession, many of these retail shops have been raided by local authorities.

Because there’s still a lot of legal gray area (CBD is technically legal at the federal level but restricted at the state level), there’s been a lot of inconsistency and unpredictability about how state authorities deal with hemp-based products.

But the question remains, what exactly is CBD, and why is it so controversial?

What Is CBD?

Cannabidiol (CBD) is a cannabinoid, an active compound that comes from the cannabis plant. It’s similar in some ways to its more famous cousin THC, except CBD is non-psychotropic (it doesn’t get you high). Instead, cannabidiol is believed to offer various therapeutic benefits.

In order to understand the legal complexity, you first have to understand the difference between hemp and cannabis. Technically, they’re the same plant, but they’re defined differently (from a legal standpoint) based on the amount of THC they contain. If a cannabis sativa plant contains more than .3% THC, it’s legally recognized as marijuana. If a cannabis sativa plant contains .3% THC or less, it’s defined as industrial hemp and is legal from a federal standpoint.

In other words, if a CBD oil is extracted from a hemp plant and contains no more than .3% THC, the federal government considers it legal. But Missouri still has tougher laws on the books. While the state does recognize the distinction between hemp and cannabis, it nevertheless chooses to regulate hemp and CBD products more strictly than the federal government.

Why Missouri Residents Are Interested in CBD

Most consumers seek out cannabidiol for health reasons. While we still have only limited clinical information about the therapeutic effects of cannabidiol, there is some promising research worth noting:

  • Epilepsy: There is perhaps more research into cannabidiol for epilepsy than for any other condition. One study found that cannabidiol was able to reduce seizures in intractable epilepsy patients by more than 36%.
  • Cancer Symptoms:Some research indicates that cannabidiol kills certain cancer cells and may also address the nausea, pain, and other symptoms that go along with cancer treatment. While it’s not a cure for cancer, it may provide some benefit when used alongside conventional cancer treatments.
  • Pain:Studies have found that cannabidiol appears to block pain and inflammation signals to the brain, and so cannabidiol is commonly used—both in its digestible and topical forms—to address chronic pain.
  • Anxiety: In a Brazilian control study, 57 men received either cannabidiol or a placebo before a public speaking engagement. Researchers found that 300 mg of CBD significantly reduced the subjects’ anxiety while the placebo had no effect.
  • High Blood Pressure: In a 2017 study, researchers examined the resting blood pressure of healthy men treated with 600 mg of CBD vs. placebo. Cannabidiol was associated with reduced blood pressure even when the subjects were subjected to a stress test.

Additionally, some preliminary evidence suggests that cannabidiol may help with acne, diabetes, and muscle spasms, though more research is needed.

How CBD Compares to THC Products

CBD and THC have the same basic molecular structure: 21 carbon atoms, 30 hydrogen atoms, and 2 oxygen atoms. However, the molecules are arranged differently, which is why each compound behaves differently in the body.

In addition to the obvious fact that CBD doesn’t get you high, there are a few important distinctions between THC-based products (like THC tinctures) and CBD oil. For example, cannabidiol has shown greater effectiveness in treating seizures than THC alone. THC in high doses may actually trigger seizures in some subjects.

In addition, THC appears to be more effective for addressing issues like pain, glaucoma, low appetite, and nausea, while CBD appears to address migraines, depression, and psychosis with greater effectiveness.

Most conventional drug tests won’t detect cannabidiol in the bloodstream; these tests are looking for THC metabolites, which most hemp-based products don’t produce in significant amounts. However, there are multi-panel drug tests that check for CBD as well.

Is CBD Oil Safe?

CBD oil is well-tolerated in most users. Side effects are usually mild and can include fatigue, diarrhea, and changes in appetite. Usually, these side effects only present themselves when cannabidiol is consumed in high doses.

If you’re on a blood thinner like coumadin, or if you’re taking prescription medications, you should always talk to your doctor before using CBD. Cannabidiol can raise the level of certain drugs in your body.

Using CBD in Missouri – What You Need to Know

If you live in Missouri and would like to purchase CBD legally, you’ll need to enroll in the Missouri Hemp Extract Registration Program. If you’re an eligible epilepsy patient, our state-licensed physicians can help you get certified.

If you don’t qualify for the MHERP but have another serious medical condition, you may qualify for Missouri’s medical marijuana program. This would afford you access to a range of THC-and-CBD-based treatments. Qualifying conditions include cancer, glaucoma, intractable migraines, PTSD, extreme pain, and muscle spasms.

If you’d like to learn more about becoming a patient, Green Health Docs can help. The state is allowing telemedicine evaluations, so you can get your Missouri medical marijuana card online with the help of one of our state-licensed physicians. Call us at 1-877-242-0362 to schedule your appointment.

An Overview of CBD and Related Laws in Missouri

Consumers across the United States are using products containing cannabidiol, also known as CBD, for a variety of reasons, including pain and anxiety relief. Stores are selling a variety of CBD products, including oils, topicals, and edibles – however, cannabis is not legal for recreational possession in Missouri. As a cannabis product, is selling or possessing CBD products legal in Missouri?

The laws regarding CBD can be confusing, and they vary from state to state with no current federal standard. In 2014, Missouri passed a law that allowed some patients to obtain and possess hemp extracts, which is a cannabis preparation that contains less than .3 percent THC, which is what gives cannabis users a high, and at least five percent CBD. Congress also recently removed hemp extract from the controlled substances list. Patients in Missouri can obtain a registration card to purchase CBD from licensed vendors or from their doctors.

Despite these changes in state and federal laws, people can still face criminal drug possession charges for selling or possessing CBD products. For example, last year, Drug Task Force officers raided a store selling CBD in Park Hills, MO. Reports indicate that the store was either selling products with more than .3 percent of THC, selling CBD products to consumers without a medical card, or both. This is only one example of how police agencies throughout the state are making arrests based on the possession of CBD.

Drug Possession Charges

Despite claims from CBD producers that the substance is legal in all 50 states, people are still facing criminal consequences for CBD possession under certain circumstances. If you are arrested for possessing CBD products without permission or possessing products with too much CBD, you can face charges of drug possession. Cannabis is still a Schedule I drug, and products containing more than the limit of THC will qualify as an illegal substance.

In 2017, Missouri decriminalized the possession of up to 10 grams of cannabis. This means that first-time offenders possessing less than 10 grams would not face the possibility of jail time. However, jail time is still possible for convictions involving more than 10 grams. Even though marijuana use is becoming more and more acceptable across the country, possession can still result in serious penalties in Missouri.

Though Missouri voters passed a medical marijuana law in 2018, the medical program has not yet taken effect. Even if people are using cannabis for serious health issues, this can currently result in arrests and drug possession charges. Recreational cannabis possession is not legal in Missouri.

Contact an Experienced St. Louis Criminal Defense Attorney for More Information

With all of the changing laws regarding CBD and other cannabis products in Missouri, it can be difficult to know what is legal or not. Not knowing the law is not a defense against possession charges, so you should be careful when it comes to possessing CBD or THC products. If you are facing drug charges in St. Louis, you can fight your charges and you should call a criminal defense lawyer at Bruntrager & Billings right away. Call 314-646-0066 or contact us online today.

Is CBD Oil Legal in Missouri? – March 2022

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).

  • 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.

  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 19 th 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 o ver 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

  • 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 p roducer r egistration authorizes individual s 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 p roducer r egistration 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 LabTested 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 CO2Extracted CBD

Supercritical CO 2 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 CO 2 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) .

  • 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) .

  • 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.

  • 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, b road-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.