Missouri Attorney General Andrew Bailey announced a new specialized unit to help crack down on intoxicating hemp products, following a delayed statewide ban. The unit will assist regulators in enforcing rules against hemp-derived THC edibles and beverages, which Governor Mike Parson has criticized for mimicking popular candies that could appeal to children. The crackdown has sparked controversy within the hemp industry, which has filed a lawsuit to stop the ban. Read more about the legal battle, regulatory actions, and the state's efforts to protect public safety.
In a decisive move to address growing concerns over the sale of intoxicating hemp products in Missouri, Attorney General Andrew Bailey announced the creation of a specialized unit to assist state regulators in cracking down on these items.
The announcement was made at a Capitol press conference on Tuesday, following delays in enforcing a statewide ban on hemp-derived THC edibles and beverages.
Delayed Ban Sparks Action
The crackdown comes after an executive order by Governor Mike Parson aimed at removing all hemp-derived THC products from store shelves encountered a six-month delay.
Originally set to take effect on September 1, the ban was stalled when Missouri Secretary of State Jay Ashcroft rejected the emergency rules designed to enforce it.
This left the state’s Division of Alcohol and Tobacco Control (ATC) unable to regulate the sale of these products, particularly in stores licensed to sell alcohol and tobacco—where the majority of intoxicating hemp items are found.
Governor Parson expressed frustration, emphasizing the potential danger these products pose, especially to children.
“Product after product resembles popular snacks and candies that would be hard for me to determine contained cannabis, let alone my five-year-old granddaughter,” Parson remarked during the press conference.
Lack of Regulation Raises Concerns
One of the key issues is that hemp, unlike marijuana, is not classified as a controlled substance, meaning there are no state or federal laws preventing the sale of products like delta-8 THC beverages to minors.
There is also no requirement for labels to list potential effects or to test THC levels in these products. Efforts to pass such regulations in the state legislature have failed for the past two years.
Parson’s executive order specifically targets companies marketing hemp edibles that mimic popular candies, posing a significant risk to children who might mistake them for regular treats.
However, leaders within Missouri’s hemp industry argue that the ban is too broad, affecting legitimate products that have been lab-tested and are sold only to adults.
“The Missouri Hemp Trade Association agrees that illegal products should be removed from store shelves,” said Craig Katz, spokesperson for the association.
“But DHSS is casting such a wide net that it is not differentiating legitimate products from bad products, and in the process, it is trampling on the constitution and ruining small businesses.”
Legal Battle Over Enforcement
The Missouri Hemp Trade Association has taken legal action to stop the ban, filing a lawsuit in Cole County Circuit Court on August 30.
The association argues that hemp-derived products are legal under state law and that the Department of Health and Senior Services (DHSS) has overstepped its authority by deeming them "adulterated" and seizing items from stores.
“DHSS must stop seizing and destroying products that are legal and follow the letter of the law,” Katz said, underscoring the impact on small businesses caught in the regulatory crossfire.
AG Bailey's Specialized Unit Takes Charge
In response to the delay in enforcement, Attorney General Bailey has formed a specialized unit within his office’s Consumer Protection Division to partner with the ATC in cracking down on intoxicating hemp products.
The new unit will provide legal support to the ATC, which will investigate licensed stores for deceptive marketing practices and collect evidence of illegal activities.
Bailey also announced the creation of a “dedicated electronic repository” where the ATC can submit referrals for legal action.
His office plans to utilize the Missouri Merchandising Practices Act to take action against stores that continue selling unregulated psychoactive hemp products, with enforcement tools ranging from cease-and-desist letters to lawsuits, subpoenas, and even referrals for criminal prosecution.
“We’re committed to keeping unsafe products away from our kids,” Bailey said.
“Our enforcement toolkit will be robust from cease-and-desist letters and investigations to subpoenas and lawsuits to referrals for criminal prosecution where appropriate.”
Looking Forward
Despite the ban’s delay, Bailey and Parson are confident that this new partnership will lead to a significant reduction in the sale of intoxicating hemp products, particularly those that pose a risk to children.
The governor remains firm in his stance, emphasizing that protecting the health and safety of Missouri’s youth is a top priority.
With the state now set to ramp up enforcement efforts, Missouri retailers and the hemp industry await the next chapter in this regulatory battle, as both sides continue to clash over the future of hemp-derived products in the state.