Missouri lawmakers last week took a step in regulating intoxicating hemp products. Committees in both the Missouri House and Senate approved legislation with implications for the sale of these products statewide. On one hand, these new bills aim to impose stricter rules on products like hemp-based edibles and vapes. On the other, they carve out an exception for THC beverages, allowing them to remain accessible to adult consumers in Missouri.
Missouri’s Current Hemp Regulations
To grasp the significance of these bills, it’s important to understand the current state of hemp-derived products in Missouri. Hemp has been federally legal since the 2018 Farm Bill, which removed hemp (defined as cannabis containing less than 0.3% THC) from the Controlled Substances Act. This legal status has led to a surge in products like Delta-8 THC edibles, vapes, and beverages, which contain intoxicants derived from hemp rather than marijuana.
Currently, these products can be sold in a variety of outlets, ranging from gas stations to liquor stores. However, there is no state or federal law prohibiting the sale of these products to minors, raising concerns about public safety. While some responsible vendors have implemented their own age restrictions, lawmakers have been pressed to address this regulatory gap for the last couple of years.
What the New Bills Propose
The new legislation would ban the sale of intoxicating hemp edibles and vapes in most retail settings, restricting them to licensed marijuana dispensaries. This change would provide stricter oversight, aligning these products with the same regulations applied to cannabis sold under Missouri’s medical marijuana program.
Notably, both the House and Senate bills, which advanced in the legislative process last week as first reported by the Missouri Independent, carve out an exception for hemp-derived THC beverages such as seltzers, allowing them to remain on shelves in grocery stores and liquor outlets. These beverages would be capped at 5 milligrams of THC per serving, ensuring that consumers can enjoy low-dose options while what the lawmakers say are maintaining public safety standards.
The bills also exclude products made from synthetic THC, such as THC converted chemically from CBD, further emphasizing a focus on natural hemp derivatives.
Under the new rules, retailers selling hemp-derived THC beverages would need to obtain a license. However, there is a key difference between the House and Senate bills in determining which agency will oversee licensing:
- The House bill, sponsored by Rep. Chad Perkins, assigns regulatory authority to the Missouri Department of Health and Senior Services.
- The Senate bill, sponsored by Sen. Nick Schroer, places this responsibility under the Division of Alcohol and Tobacco Control, which already regulates alcohol retailers and distributors.
Opinions Among Missouri Lawmakers and Businesses
While the legislation has gained traction, it has not been without controversy. The restrictions on hemp edibles and vapes have drawn criticism from Missouri businesses and trade associations, many of whom argue that these rules would result in significant economic consequences.
Proponents, such as Sen. Schroer, argue that the bills are a necessary step for protecting children and consumers. Schroer emphasized the importance of regulating the potency of these products and ensuring they don’t find their way into the hands of minors.
“This isn’t a final product,” Schroer noted during a Senate meeting, according to the Missouri Independent. “The main point is making sure that our kids don’t have access to this stuff.”
On the other hand, this approach has raised concerns about overregulation. Democratic Rep. Mark Sharp expressed hesitation, pointing out the potential impact on businesses already selling intoxicating hemp products legally under federal law. Sharp voted in favor, hoping lawmakers would refine the bill as it moves forward.
“This is a tough bill to vote on,” Sharp said. “On the one hand, you’re regulating to the point where you want to keep children safe… But on the other hand, you’re maybe overregulating.”
The Missouri Hemp Trade Association has argued that the bills fail to address the larger needs of the market while pushing hundreds of businesses toward closure. They strongly oppose establishing a three-tier distribution system (similar to the alcohol industry), proposed by Republican state Rep. Barry Hovis and supported by the Missouri Beer Wholesalers Association. They argue it would create monopolies and stifle competition.
Brooklyn Hill, president of the Missouri Hemp Trade Association, voiced opposition, stating, “This bill will still, even with the hemp beverage carve out, shut down hundreds of Missouri businesses and cost hundreds of Missourians their jobs.”
Path Forward for Hemp Beverages in Missouri
Missouri’s focus on hemp-derived THC beverages reflects a growing trend nationwide, as states attempt to balance consumer access with regulatory oversight. By allowing low-dose THC drinks to remain available in mainstream outlets, Missouri distinguishes itself from states that have opted to completely ban intoxicating hemp products.
However, since officials have yet to finalize licensing details—and debates continue over which state agency should oversee regulation. Lawmakers will need to carefully weigh public safety concerns against the economic impact on businesses to arrive at a solution that serves both goals.
The regulation of intoxicating hemp products remains a complex issue, but Missouri’s new bills mark a significant step toward resolving key challenges. By carving out an exception for THC beverages and proposing stricter rules for edibles and vapes, lawmakers seemingly hope to strike a balance between safety and industry sustainability.
