The war over hemp-derived THC edibles in Missouri has reached a boiling point. Last Friday, Missouri hemp leaders filed a lawsuit to halt Governor Mike Parson’s ban on hemp THC products. The ban, originally set to take effect on September 1st, aimed to crack down on intoxicating hemp edibles that mimic candy. However, the Missouri Hemp Trade Association argues that this move overreaches, affecting not only the targeted products but also those that are responsibly sold and tested.
Missouri’s Executive Order To Ban Hemp THC
On August 1st, Governor Mike Parson signed Executive Order 24-10 to remove all hemp-derived THC edibles and beverages from store shelves. This order threatens penalties for any establishment that continues selling these products. Parson’s ban stems from concerns about the unregulated nature of hemp products, especially those attractive to minors like delta-8 drinks.
However, state lawmakers have failed to pass legislation over the past two years to regulate these products effectively. This gap has led Parson to take executive action, targeting products that mimic candy and pose potential risks to children.
In response to Parson’s executive order, the Missouri Hemp Trade Association filed a lawsuit last week, first reported by the Missouri Independent, to stop the Department of Health and Senior Services (DHSS) from enforcing the ban. The association argues that the DHSS does not have the authority to embargo these products because state and federal law do not classify hemp as a controlled substance like marijuana.
Chuck Hatfield, the association’s attorney, claims that the governor’s order is illegal and overreaching. The lawsuit (provided by MI) seeks an injunction to prevent the DHSS from designating foods and beverages containing hemp derivatives as “adulterated” and from embargoing such products.
The legal action came after a memo from the Missouri Department of Health and Senior Services detailed the enforcement of the ban. The memo directs regulators to identify food containing unregulated psychoactive cannabis products as deleterious, poisonous, and adulterated.
Implications for the Missouri Hemp Industry
The executive order aims to address consumer concerns about unregulated, intoxicating products. Director Paula F. Nickelson of DHSS stated that many Missourians, including children, have faced hospitalization after consuming these products, prompting this crackdown. However, the hemp industry argues that this move threatens responsible businesses and products that are lab-tested and sold only to adults.
The lawsuit highlights the tension between regulation and industry growth, urging the DHSS to develop balanced guidelines that support compliance while fostering the hemp market.
The Missouri Hemp Trade Association’s lawsuit seeks three main forms of relief:
- Count 1: A declaration that foods with industrial hemp products are not adulterated.
- Count 2: An injunction preventing the DHSS from embargoing foods containing hemp products.
- Count 3: A ruling that the DHSS cannot unilaterally stop the manufacture, sale, or delivery of these foods without proper rulemaking processes.
Interestingly, the governor’s plan has faced resistance from within the state government. Secretary of State Jay Ashcroft rejected the Division of Alcohol and Tobacco Control’s emergency rules that would have enforced the ban. This rejection means that the rules now have to go through a formal rulemaking process, potentially delaying the ban’s full implementation by at least six months.
Future of Hemp Legislation in Missouri
The controversy surrounding the ban highlights the need for clear and balanced hemp regulations. While the governor’s order targets unregulated products, it also underscores the necessity of a comprehensive legal framework for hemp-derived products. The hemp industry calls for regulations that protect consumers while allowing legitimate businesses to thrive.
The legal battle over Missouri’s hemp THC ban is far from over. The outcome will significantly impact both the hemp industry and consumer safety in the state. For now, the lawsuit by the Missouri Hemp Trade Association aims to protect businesses from what they view as overreach by the DHSS.
This case will likely set a precedent for how some states handle the regulation of hemp-derived products in the future. It highlights the need for balanced laws that keep safety in mind while also allowing for industry innovation.
