Section 195.900

Title XII PUBLIC HEALTH AND WELFARE

Chapter 195

Effective - 12 Nov 2026, see footnote   

  195.900.  Intoxication cannabinoids — citation of law — definitions — licensure required, when — hemp-derived cannabinoid products considered marijuana — jurisdiction, enforcement — effective date. — 1.  This section shall be known and may be cited as the "Intoxicating Cannabinoid Control Act".

  2.  As used in this section, the following terms mean:

  (1)  "Department", the department of health and senior services;

  (2)  "Division", the division of alcohol and tobacco control within the department of public safety;

  (3)  "Hemp", 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 total tetrahydrocannabinol concentration, including tetrahydrocannabinolic acid, of not more than three-tenths of one percent on a dry-weight basis.  Hemp shall include industrial hemp but shall not include the following:

  (a)  Any viable seed from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinol concentration, including tetrahydrocannabinolic acid, of three-tenths of one percent on a dry-weight basis;

  (b)  Any intermediate hemp-derived cannabinoid products containing:

  a.  Cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;

  b.  Cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant but that were synthesized or manufactured outside the plant; or

  c.  More than three-tenths of one percent on a dry-weight basis of a combined total of tetrahydrocannabinols, including tetrahydrocannabinolic acid, and any other cannabinoids that have similar effects or are marketed as having similar effects on humans or animals as a tetrahydrocannabinol, as determined by the U.S. Secretary of Health and Human Services;

  (c)  Any intermediate hemp-derived cannabinoid products marketed or sold as a final product or directly to an end consumer for personal or household use; or

  (d)  Any final hemp-derived cannabinoid products containing:

  a.  Cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;

  b.  Cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant but that were synthesized or manufactured outside the plant; or

  c.  Greater than four-tenths of one milligram combined total per container of tetrahydrocannabinols, including tetrahydrocannabinolic acid, and any other cannabinoids that have similar effects or are marketed as having similar effects on humans or animals as a tetrahydrocannabinol, as determined by the U.S. Secretary of Health and Human Services;

  (4)  "Hemp-derived cannabinoid product", any intermediate or final product derived from hemp, other than industrial hemp, that contains cannabinoids in any form and is intended for human or animal use through any means of application or administration including, but not limited to, inhalation, ingestion, or topical application.  Hemp-derived cannabinoid product shall not include a drug that is the subject of an application approved under subsection (c) or (j) of Section 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Section 355, as amended;

  (5)  "Industrial hemp", hemp that is:

  (a)  Grown for the use of the stalk of the plant, fiber produced from such a stalk, or any other noncannabinoid compound, derivative, mixture, preparation, or manufacture of such a stalk;

  (b)  Grown for the use of the whole grain, oil, cake, nut, hull, or any other noncannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of such plant;

  (c)  Grown for the purpose of producing microgreens or other edible hemp leaf products intended for human consumption that are derived from an immature hemp plant that is grown from seeds that do not exceed the threshold for total tetrahydrocannabinol concentration under paragraph (a) of subdivision (3) of this subsection;

  (d)  A plant that does not enter the stream of commerce and is intended to support hemp research at an institution of higher education, as defined in Section 101 of the Higher Education Act of 1965, 20 U.S.C. Section 1001, as amended, or an independent research institute; or

  (e)  Grown for the use of a viable seed of the plant produced solely for the production or manufacture of any material described in paragraphs (a) to (d) of this subdivision;

  (6)  "Intermediate hemp-derived cannabinoid product", a hemp-derived cannabinoid product that is:

  (a)  Not yet in the final form or preparation marketed or intended to be used or consumed by a human or animal; or

  (b)  A powder, liquid, tablet, oil, or other product form that is intended or marketed to be mixed, dissolved, formulated, or otherwise added to or prepared with or into any other substance prior to administration or consumption;

  (7)  "Marijuana", the same meaning given to the term in Article XIV of the Constitution of Missouri.  The term marijuana shall not be construed to conform to or be included in the definition of hemp in this section;

  (8)  "Transaction", the sale of a single unit of a hemp-derived cannabinoid product, including a single unit in a multiunit package.

  3.  The cultivation, production, manufacturing, testing, transportation, and retail sale of all hemp-derived cannabinoid products within this state shall be conducted solely by entities licensed by the department under Article XIV of the Constitution of Missouri.  Hemp-derived cannabinoid products shall be considered marijuana and shall be subject to the legal framework contained in Article XIV of the Constitution of Missouri under which the purchase, possession, consumption, use, delivery, manufacturing, and sale of marijuana is regulated by the department.

  4.  The term hemp-derived cannabinoid product shall be construed to conform to, and be included in, the definition of marijuana under Article XIV of the Constitution of Missouri but shall not be construed to conform to or be included in the definition of hemp in this section or in the definition of industrial hemp in this section.

  5.  Hemp and industrial hemp shall not be considered marijuana and shall not be subject to the legal framework contained in Article XIV of the Constitution of Missouri or in this section.  Nothing in this section shall be construed to regulate hemp, industrial hemp, or products that do not fall within the definition of hemp-derived cannabinoid products, and the provisions of this section shall not be construed to conflict with or otherwise preempt the Agriculture Improvement Act of 2018, Pub. L. 115-334, as amended.

  6.  Nothing in this section shall be construed to prohibit the interstate commerce of hemp or the transportation or shipment of hemp through this state.

  7.  Notwithstanding any provision of law to the contrary, all hemp-derived cannabinoid products are marijuana and shall be subject to the jurisdiction of the department and the office of the attorney general consistent with Article XIV of the Constitution of Missouri and the provisions of this section.  The department and the office of the attorney general shall be authorized to enforce the provisions of this section in such a manner as to ensure that no hemp-derived cannabinoid products are cultivated, manufactured, tested, transported, or sold within this state outside of a licensed comprehensive facility, medical facility, marijuana testing facility, or marijuana microbusiness facility, as such terms are defined in Article XIV of the Constitution of Missouri.

  8.  No person or entity engaged in the sale of products that contain cannabidiol, hemp, marijuana, or cannabinoids; hemp-derived cannabinoid products; or paraphernalia to aid in the human or animal consumption of such products, other than a comprehensive marijuana dispensary facility, medical marijuana dispensary facility, or microbusiness dispensary facility, as such terms are defined in Article XIV of the Constitution of Missouri, shall carry on, conduct, or transact business under a name that contains as part of the name the word "dispensary" or any word of similar import.

  9.  (1)  The office of the attorney general, the department, the department of public safety, the division, the Missouri state highway patrol, and any other state agency deemed necessary by the office of the attorney general to aid in the enforcement of this section shall concurrently be authorized to enforce the provisions of this section including, but not limited to, the prohibition of the cultivation, manufacturing, testing, transportation, and retail sale of hemp-derived cannabinoid products outside of licensed comprehensive facilities, medical facilities, marijuana testing facilities, or marijuana microbusiness facilities, as such terms are defined in Article XIV of the Constitution of Missouri.

  (2)  The office of the attorney general shall have primary jurisdiction to enforce the provisions of this section including, but not limited to:

  (a)  Utilizing a multijurisdictional enforcement approach including, but not limited to, direct coordination with the department, the department of public safety, the division, the Missouri state highway patrol, prosecuting and circuit attorneys, and any other state agency deemed necessary by the office of the attorney general;

  (b)  Collaborating and coordinating with local county and municipal governments and other political subdivisions; and

  (c)  Utilizing the department's reference laboratory.

  10.  Any person or entity that violates the provisions of this section shall be subject to a fine of five thousand dollars per transaction and shall be guilty of a class D felony.

  11.  (1)  The provisions of this section shall become effective November 12, 2026, for:

  (a)  Hemp-derived cannabinoid products that:

  a.  Contain cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;

  b.  Contain cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant but that were synthesized or manufactured outside the plant;

  c.  Are sold, distributed, or marketed to a consumer as a product that can be smokable or vapeable in the form of raw plant material, flower, or bud material and that contain any amount of tetrahydrocannabinolic acid; or

  d.  Are sold, distributed, or marketed to a consumer in the form of any solid candy, gummy, chewable product, tablet, capsule, oil, baked good, or other solid edible product and that contain delta-9 tetrahydrocannabinol derived from hemp in any amount that exceeds naturally occurring concentrations in the source hemp plant material; and

  (b)  Except as provided in subdivision (2) of this subsection, all other hemp-derived cannabinoid products not described in paragraph (a) of this subdivision.

  (2)  For all other hemp-derived cannabinoid products not described in paragraph (a) of subdivision (1) of this subsection, the provisions of this section shall become effective November 12, 2026, except that if Congress delays the effective date of federal hemp restrictions under 7 U.S.C. Section 1639 on or before November 12, 2026, this section shall apply to such products only during any period in which such federal restrictions prohibit such products; provided, that such products shall not be sold, distributed, or marketed to any person under the age of twenty-one.

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(L. 2026 H.B. 2641)

Effective 11-12-2026