Cannabis Companies Have Missouri's Governor Beat: Hemp-THC Products Sales Resume As Stricter Controls Replace Sweeping Ban

Missouri regulators have scaled back an initial ban on hemp-derived THC products enacted by Governor Mike Parson (R) on August 1, opting to focus enforcement on those resembling popular candies that could appeal to children. This strategic shift responds to a lawsuit filed by the Missouri Hemp Trade Association (MHTA), which argued the broad ban went against state law.

Legal Action Prompts Shift In Hemp THC Product Ban

The Missouri Department of Health and Senior Services (DHSS) announced Tuesday it would cease the broad embargo on hemp products containing THC, reported The Missouri Independent. This announcement comes after a letter from Richard Moore, general counsel for the DHSS, which was prompted by legal actions from the hemp industry’s trade association. Moore’s letter emphasized the department’s new focus on targeting “misbranded” products that could potentially appeal to minors.

The DHSS inspected 74 establishments this September, finding THC products in 42, as highlighted Lisa Cox, spokeswoman for the department.

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The lawsuit aimed at preventing the designation of such hemp products as “adulterated.” It highlighted inconsistencies with state laws, which do not consider food products adulterated solely because they contain hemp derivatives. This legal interpretation was pivotal in reshaping the enforcement strategy.

However, Missouri regulators have not embargoed products like hemp flower, hemp milk, protein powders, teas or CBD gummies, noted to Cannabis Business Times. These items remain unaltered and collected through extraction, distinguishing them from hemp-derived THC products targeted by recent enforcement actions.

Read Also: NJ Governor Signs Bill Tightening Rules On Hemp: Industry Stakeholders Protest, Big Alcohol Celebrates

Missouri AG To Evaluate Hemp Misbranding

Furthermore, the DHSS’ refined strategy involves referring products suspected of misbranding to the Missouri Attorney General’s office for evaluation under the State's Merchandising Practices Act. This act aims to protect consumers from deceptive marketing practices, ensuring they are fully aware of what they are purchasing. “The department has no intention at this time to embargo additional psychoactive cannabis products as adulterated,” stated Moore in his recent communication, according to The Missouri Independent, clarifying the department's adjusted enforcement outlook.

Craig Katz, a spokesperson for the MHTA, expressed support for the state's renewed approach. “This is the appropriate regulatory and law enforcement focus,” Katz remarked. He also hinted at forthcoming legislative efforts in 2025 to bolster consumer confidence and ensure rigorous regulation of hemp products.

States Face Lawsuits Over Hemp-Derived Products Restrictions

By narrowing its enforcement to misbranding rather than a broad ban, Missouri aims to ensure that hemp-derived THC products are safely regulated while supporting the industry's growth and compliance. Similarly, a group of California parents is evaluating legal action against Gov. Newsom’s proposed hemp ban, fearing it could eliminate critical CBD treatments their children rely on for survival.

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