A St. Louis liquor store hung a sign announcing Gov. Mike Parson’s executive order to ban intoxicating hemp beverages (Rebecca Rivas/Missouri Independent).
While a large part of Missouri Gov. Mike Parson’s ban on intoxicating hemp products may be on pause, plans are underway to kick it back up next summer, according to a preliminary budget request by the Missouri Department of Health and Senior Services.
The department has asked for $877,000 to fund “food inspection and litigation requirements” to implement Parson’s Aug. 1 executive order to ban unregulated psychoactive products.
Those funds would become available on July 1, if lawmakers approve the request as part of the state budget by May.
Parson’s executive order “prohibits the sale of foods containing psychoactive cannabis compounds in Missouri, unless originating from an ‘approved source,’” the budget request states.
With Missouri regulations in flux, what’s the difference between hemp and marijuana?
When the order went into effect on Sept. 1, the governor was hoping to utilize compliance officers at both the state’s Division of Alcohol and Tobacco Control and DHSS’ Bureau of Environmental Health Services to implement the ban.
However, those plans quickly came to a halt when the Secretary of State Jay Ashcroft rejected the emergency rules that would have given the alcohol division the authority to conduct inspections.
That meant that the state’s food inspectors were left to handle compliance on their own.
Then the governor asked Missouri Attorney General Andrew Bailey to create a new specialized unit to assist the state’s alcohol and tobacco regulators in cracking down on intoxicating hemp products, Parson announced at a Capitol press conference on Sept. 10.
However the next day on Sept. 11, state food inspectors showed up to Franklin County VFW Post after receiving a tip that the veterans were serving hemp-derived THC drinks at their bar.
Commander Jason Stanfield took to social media, saying the state’s “raid” of the VFW Post on 9-11 was disrespectful.
The incident gave the Missouri Hemp Trade Association a window to request a temporary restraining order, as part of a lawsuit filed in late August to halt the governor’s order.
While the association didn’t get the restraining order, it got assurance from the state that regulators will essentially stop its enforcement efforts.
In response to the temporary restraining order request, Richard Moore, general counsel for DHSS, said in a letter that the state’s health regulators will stop embargoing — or tagging — products simply because they contain hemp-derived THC.
“In regard to psychoactive cannabis products, the department will focus its efforts on the identification of ‘misbranded’ products,’” Moore wrote to the Missouri Hemp Trade Association’s attorney, Chuck Hatfield.
Currently the compliance effort will now focus on just foods that children could mistake for regular food or candy — not banning all intoxicating hemp products.
When Parson signed his executive order, he said his primary focus was to protect children consuming the products that resemble popular candy, like Lifesavers, or fruity drinks.
Gov. Mike Parson speaks at his Capitol press conference announcing Executive Order 24-10 that bans the sale of intoxicating hemp products in Missouri “until such time approved sources can be regulated by the FDA or State of Missouri through legislative action,” he said (photo courtesy of Missouri Governor’s Office).
“If the department identifies any such misbranded products, it will refer those products to the Missouri Attorney General’s Office for potential enforcement under the State’s Merchandising Practices Act…” Moore wrote in his letter.
That is expected to change next summer, if the department’s budget request goes through.
The requested funding would allow the department to hire two full-time public health environmental specialists at $125,000 and to contract five more inspectors at $400,000. Of that, two of the contracted positions would be funded on a one-time basis “to stand up the program” at $150,000.
“The use of contractors for a portion of this work is preferred due to the expected decrease in market availability of this product over time,” it states, “with their services not expected to be needed more than two or three years.”
The total seven inspectors will conduct site visits statewide “to assess retailer and wholesaler inventory for unregulated psychoactive cannabis in foods,” it states.
The department estimates that 40,000 food establishments and smoke shops and 1,800 food manufacturers could potentially be affected by the governor’s order, the request states, “but the majority of these facilities are at low-risk of requiring investigation.”
“It is estimated that all seven inspection staff can conduct 2,900-3,500 site visits annually,” it states.
The department also budgeted $160,000 to hire two full-time attorneys, in the event that business owners challenge enforcement actions.
Meanwhile, the Missouri Hemp Trade Association’s ongoing lawsuit might impact the plan, as well as potential legislation that could give the state even more authority — or, on the other end, loosen regulation on intoxicating hemp products.
Because hemp isn’t a controlled substance like marijuana, there’s no state or federal law saying teenagers or children can’t buy products, such as delta-8 drinks, or that stores can’t sell them to minors.
And there’s no requirement to list potential effects on the label or test how much THC is actually in them. State lawmakers have failed to pass such requirements the last two years.