Eminem might be travelling to other states to get his dose of CBD but if you are a resident just like him in the ‘Show me State’ you need to wait and watch how the cookie crumbles on the issue of legality of CBD. Most of the feelers give a positive answer on that question of legality but till it actually happens - hold on to your horses for a while.
Is CBD oil legal
Yes and No! ‘Yes’ it is legal if you have a valid medical card and ‘No’ if you do not.
However, the situation is expected to improve for CBD users as the laws that are currently being written, are expected to further ease the regulations around CBD Oil. But it is quite openly available both in retail stores as well as online but from a legal standpoint these at present are selling an illegal substance.
What's Legal, What's Not!
Medical marijuana laws got a significant boost in Missouri laws in November 2018 with Amendment 2. It was a ballot initiative to legalise the medical use of marijuana as recommended by state licensed physicians for patients with debilitating medical conditions. It went into effect from 6 December 2018 and the final rules that make it up were released recently in May 2019 as the Medical Marijuana and Veteran Health Care Service Initiative.
The Missouri Department of Health and Senior Services (DHSS) has been made responsible to administer these regulations, process the applications for patients as well as for caregivers in the state of Missouri. The state has a 4% tax on the retail sale of marijuana products which also is submitted to the DHSS.
House Bill 2054 passed in 2014 cleared the name of industrial hemp from the list of controlled substances making for a perfect ground for further legislation to create a favourable field. It also specified that if a person has been in the past convicted of a drug related crime, they cannot be allowed to grow hemp.
In 2014, another Missouri House Bill 2238 created the Missouri Hemp Extraction Registration Program (MHERP) where residents who have been diagnosed with intractable epilepsy are provided with a registration card to legally possess, purchase and use hemp extract.
This hemp extract should have no more than 0.3% THC by weight and should have at least 5% cannabidiol or CBD by weight. It also should have no other intoxicating substances.
Although the federal Farm Bill passed in 2018 removed the hemp from the list of controlled substances nationwide and legalised it. The MHERP is the organisation in Missouri that takes care of it as well as legalising and allowing medical marijuana patients to use it in a safe and legal manner.
It is important to note here that HB 2238 created an environment for only specific patients to use these hemp extracts. If an individual was for instance suffering from a seizure disorder which was not on the list or something else, they were allowed to apply for this hemp registration card with a written certification from their neurologist. Only two state regulated CBD oil care centres are authorised to sell these products to qualified patients. These two places are:
- The BeLeaf Company in Earth City, and
- The Noah’s Arc Foundation in Chesterfield.
These two centres allow a cardholder to purchase low-THC hemp extract.
For being termed as a qualified patient, one would require a physician’s diagnosis and a certification, a completed patient application, fees and will be provided with a receipt for the ID card and a temporary card until the permanent one is mailed to their address. These cards are valid for only one year with no renewal fees at the expiry of this one year term.
This has now changed with the passing of House Bill 2034 in 2018 that allows for the cultivation, harvesting and processing of industrial hemp which shall open the field to more players and competition. More refining to this HB 2034 is under process as we speak and businesses who want to participate in this pilot program should apply for an industrial license somewhere around the later part of the year in 2019.
Where to buy CBD oil
There are many places in Missouri who are selling a varied range of CBD oil and its derivatives in various forms. However, these retail stores as well as online places at present are working in the lacuna of any law that specifically targets them. All of this will change once HB 2034 comes into effect full force from the fall of 2019. At present some of the retail stores where you may buy these products are:
- American Shaman CBD, 1400 Forum Blvd #40, Columbia, MO 65203, USA
- The CBD Store STL, 3522 Lemay Ferry Rd, Lemay Township, MO 63125, USA
- CannaBliss - CBD Dispensary, 210 W Republic Rd # 100, Springfield, MO 65807, USA
- Main Smoke & Vape Shop KC | Kratom, hemp oil, CBD Store, 3429 Main St, Kansas City, MO 64111, USA
- O'Fallon Nutrition, 8648 Mexico Rd, O'Fallon, MO 63366, USA
And a few more.
Though keep in mind that as per the FDA’s directive adding CBD oil to foods and drinks or use as health supplements is not allowed. Also businesses should not advertise the unproven health benefits of these products until FDA has concrete proof of their effectiveness on the body systems and other scientific aspects.
Horrors of Buying CBD locally
Some stores have been in the past been raided and could face sentencing with a jail term as well. The statutes in Missouri do not allow CBD or cannabidiol as legal products that may be sold to the general public at present. A search warrant is usually issued for such retailers by the Narcotics and Violent Crime Enforcement Unit along with the Sheriff’s Department who treat this as any other drug bust. Though no formal charges are being pressed by these departments yet in most of the cases but it sure is a hassle from the business point of view.
These products should get legalised by January 2020 when businesses with proper registration will be allowed to sell them and hopefully normal people even without any debilitating medical condition will be allowed to buy and use these CBD products in a completely legal manner.
How to get CBD Oil Online
Best practise as it stands today for the state of Missouri is to wait till the end of the year. When HB 2034 gets its formal teeth and clear laws that allow the sale, possession and use of CBD by all residents. At present, even if you get a ‘once in a lifetime’ online offer to buy CBD - do remind yourself that possession of CBD will be treated as a possession of marijuana and recreational use of marijuana is a complete no-no in Missouri. You may buy medical grade marijuana in Missouri with a valid health card but only from two care centres in the state.
Final Thoughts on CBD Oil in Missouri
Twiddle your thumbs if required but as the law stands today do not buy CBD oil or its many products at present in the state of Missouri. You might go under the radar but it is a risk nonetheless. Most probably by the end of this year or latest by January 2020, when House Bill 2034 gets in place, you shall have unrestricted access to all these products. At present use CBD oils only if you have a valid medical card.