Is THCP Legal in Missouri? (2026)

Instrument

Executive Order 24-10 -- directing DHSS to designate foods containing unregulated psychoactive cannabis products as coming from an unapproved food source / containing an unapproved food additive, and to embargo and condemn such foods; directing Division of Alcohol and Tobacco Control to prohibit sale on liquor-licensed premises

Source

https://www.sos.mo.gov/library/reference/orders/2024/eo10

Retrieved

2026-07-02

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EXECUTIVE ORDER 24-10

WHEREAS, there are currently no safety standards, packaging requirements, or other regulations related to the safety of consuming unregulated psychoactive cannabis products in Missouri; and

WHEREAS, unregulated psychoactive cannabis products include delta-8 tetrahydrocannabinol (THC), delta-10 THC, hexahydrocannabinol (HHC), tetrahydrocannabinol (THC-O), tetrahydrocannabiphoral (THCP), tetrahydrocannabivarin (THCV), and other similar compounds; and

WHEREAS, numerous Missourians have been negatively impacted by the consumption of foods with unregulated psychoactive cannabis products added to them; and

WHEREAS, Missouri children, and children across the nation, have been hospitalized due to consuming unregulated psychoactive cannabis products; and

WHEREAS, additional actions must be taken to protect consumers, including children, from the sale of foods that include unregulated psychoactive cannabis products; and

WHEREAS, the Missouri Department of Health and Senior Services (DHSS) is tasked with ensuring the protection of the public when it comes to food under Chapter 196, RSMo; and

WHEREAS, the DHSS is tasked with promulgating regulations that conform, insofar as practicable, with those promulgated under federal acts under Section 196.045, RSMo; and

WHEREAS, state law currently prohibits the sale of foods that are adulterated or misbranded under Section 196.015, RSMo; and

WHEREAS, the DHSS has promulgated rules and a Food Code under Section 196.045, RSMo, which align with the United States Food and Drug Administration (FDA); and

WHEREAS, the FDA and the Missouri Food Code require that all food come from approved sources; and

WHEREAS, the FDA and the Missouri Food Code require that food that is not from an approved source shall be discarded; and

WHEREAS, the FDA and the Missouri Food Code require that food additives must be approved food additives or come from approved food sources; and

WHEREAS, there is no unregulated psychoactive cannabis product that has been approved by the FDA as a food additive; and

WHEREAS, the FDA has stated that food additives must receive premarket approval, and the failure to obtain premarket approval causes the food to be marked as adulterated by the FDA; and

WHEREAS, Section 311.660, RSMo, provides the Missouri Division of Alcohol and Tobacco Control within the Missouri Department of Public Safety with the statutory authority to enforce Missouri's alcohol and tobacco laws and regulations to ensure a safe environment for citizens of Missouri; and

WHEREAS, Missouri regulations currently prohibit the sale of controlled substances on liquor-licensed premises, but are silent on the sale of other unregulated psychoactive cannabis products.

NOW, THEREFORE, I, MICHAEL L. PARSON, GOVERNOR OF THE STATE OF MISSOURI, by virtue and authority vested in me by the Constitution and laws of the State of Missouri, do hereby order the DHSS, beginning on September 1, 2024, to designate foods containing unregulated psychoactive cannabis products as foods that come from an unapproved food source or as foods that contain an unapproved food additive that comes from an unapproved food source as set forth in the 2022 FDA Food Code and the 2013 Missouri Food Code, or revisions of said codes. Additionally, the DHSS is to find foods that contain unregulated psychoactive cannabis products are deleterious, poisonous, and adulterated under Sections 196.070, RSMo, and 196.085, RSMo, and to take the necessary steps in accordance with statute and regulation to embargo and condemn any food containing unregulated psychoactive cannabis products. These provisions do not apply to products under the control or purview of the Division of Cannabis Regulation under Article XIV of the Missouri Constitution as long as all psychoactive cannabinoids in those products are sourced from establishments licensed under Article XIV of the Missouri Constitution.

I further direct the DHSS to produce and distribute information regarding how the DHSS will regulate products consistent with this Executive Order.

I further direct the Missouri Division of Alcohol and Tobacco Control to amend its regulations such that unregulated psychoactive cannabis products are prohibited from being sold on the premises of a liquor-licensed facility.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 1st day of August, 2024.

MICHAEL L. PARSON, GOVERNOR

ATTEST: JOHN R. ASHCROFT, SECRETARY OF STATE

Instrument

RSMo 195.010(24), (28); 195.900; HB 2641 (2026) eff. 2026-11-12

Source

https://revisor.mo.gov/main/OneSection.aspx?section=195.010

Retrieved

2026-10-07

Fingerprint

8f0fbab779935673

195.010(24) "'Industrial hemp', the same meaning given to the term in section 195.900". (28) ["Marijuana",] "all parts of the plant genus Cannabis in any species or form thereof" [...] "except industrial hemp" [...]. [Revisor shows version effective 8/28/2018 to 11/12/2026 and a new version effective 11/12/2026 from A.L. 2026 H.B. 2641. HB 2641 summary: hemp-derived cannabinoid products] "must be construed to conform to, and be included in, the definition of "marijuana"" [with retail sale solely by DHSS-licensed entities.] [Bracketed spans summarized.]

Instrument

Industrial hemp / marijuana definitions; Executive Order 24-10 naming HHC as an unregulated psychoactive cannabis product

Source

https://www.sos.mo.gov/library/reference/orders/2024/eo10

Retrieved

2026-07-19

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RSMo 195.010: (24) 'Industrial hemp': (a) All nonseed parts and varieties of the Cannabis sativa L. plant, growing or not, that contain an average delta-9 tetrahydrocannabinol (THC) concentration that does not exceed three-tenths of one percent on a dry weight basis or the maximum concentration allowed under federal law, whichever is greater; (b) Any Cannabis sativa L. seed that is part of a growing crop, retained by a grower for future planting, or used for processing into or use as agricultural hemp seed; (c) Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products derived from industrial hemp with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis; (28) 'Marijuana', all parts of the plant genus Cannabis in any species or form thereof, including, but not limited to Cannabis Sativa L., except industrial hemp, Cannabis Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea, whether growing or not, the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.
Missouri Executive Order 24-10 (Aug. 1, 2024): WHEREAS, there are currently no safety standards, packaging requirements, or other regulations related to the safety of consuming unregulated psychoactive cannabis products in Missouri; and WHEREAS, unregulated psychoactive cannabis products include delta-8 tetrahydrocannabinol (THC), delta-10 THC, hexahydrocannabinol (HHC), tetrahydrocannabinol (THC-O), tetrahydrocannabiphoral (THCP), tetrahydrocannabivarin (THCV), and other similar compounds; and WHEREAS, numerous Missourians have been negatively impacted by the consumption of foods with unregulated psychoactive cannabis products added to them; and WHEREAS, Missouri children, and children across the nation, have been hospitalized due to consuming unregulated psychoactive cannabis products; and WHEREAS, additional actions must be taken to protect consumers, including children, from the sale of foods that include unregulated psychoactive cannabis products; and WHEREAS, the Missouri Department of Health and Senior Services (DHSS) is tasked with ensuring the protection of the public when it comes to food under Chapter 196, RSMo; and WHEREAS, the DHSS is tasked with promulgating regulations that conform, insofar as practicable, with those promulgated under federal acts under Section 196.045, RSMo; and WHEREAS, state law currently prohibits the sale of foods that are adulterated or misbranded under Section 196.015, RSMo; and WHEREAS, the DHSS has promulgated rules and a Food Code under Section 196.045, RSMo, which align with the United States Food and Drug Administration (FDA); and WHEREAS, the FDA and the Missouri Food Code require that all food come from approved sources; and WHEREAS, the FDA and the Missouri Food Code require that food that is not from an approved source shall be discarded; and WHEREAS, the FDA and the Missouri Food Code require that food additives must be approved food additives or come from approved food sources; and WHEREAS, there is no unregulated psychoactive cannabis product that has been approved by the FDA as a food additive; and WHEREAS, the FDA has stated that food additives must receive premarket approval, and the failure to obtain premarket approval causes the food to be marked as adulterated by the FDA; and WHEREAS, Section 311.660, RSMo, provides the Missouri Division of Alcohol and Tobacco Control within the Missouri Department of Public Safety with the statutory authority to enforce Missouri's alcohol and tobacco laws and regulations to ensure a safe environment for citizens of Missouri; and WHEREAS, Missouri regulations currently prohibit the sale of controlled substances on liquor-licensed premises, but are silent on the sale of other unregulated psychoactive cannabis products. NOW, THEREFORE, I, MICHAEL L. PARSON, GOVERNOR OF THE STATE OF MISSOURI, by virtue and authority vested in me by the Constitution and laws of the State of Missouri, do hereby order the DHSS, beginning on September 1, 2024, to designate foods containing unregulated psychoactive cannabis products as foods that come from an unapproved food source or as foods that contain an unapproved food additive that comes from an unapproved food source as set forth in the 2022 FDA Food Code and the 2013 Missouri Food Code, or revisions of said codes. Additionally, the DHSS is to find foods that contain unregulated psychoactive cannabis products are deleterious, poisonous, and adulterated under Sections 196.070, RSMo, and 196.085, RSMo, and to take the necessary steps in accordance with statute and regulation to embargo and condemn any food containing unregulated psychoactive cannabis products. These provisions do not apply to products under the control or purview of the Division of Cannabis Regulation under Article XIV of the Missouri Constitution as long as all psychoactive cannabinoids in those products are sourced from establishments licensed under Article XIV of the Missouri Constitution. I further direct the DHSS to produce and distribute information regarding how the DHSS will regulate products consistent with this Executive Order. I further direct the Missouri Division of Alcohol and Tobacco Control to amend its regulations such that unregulated psychoactive cannabis products are prohibited from being sold on the premises of a liquor-licensed facility.

Instrument

Intoxicating cannabinoids (HB 2641)

Source

https://revisor.mo.gov/main/OneSection.aspx?section=195.900

Retrieved

2026-10-07

Fingerprint

fd231801485392c4

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. ­­-------- (L. 2026 H.B. 2641)