Missouri unbans hemp products

Missouri was set to ban intoxicating hemp products on September 1, 2024, but Secretary of State Jay Ashcroft denied the emergency rulemaking.

Green Market Report previously reported that Gov. Mike Parson issued an executive order banning the sale of “unregulated psychoactive cannabis products,” a move that would have had a huge impact on the state’s hemp industry. The order prohibited sales of foods containing psychoactive cannabis compounds unless they came from an “approved source,” which currently doesn’t exist in the state. This would have halted sales of many hemp-derived intoxicating products until federal or state regulators established a framework.

“In Missouri, delta-8 and delta-10 THC products, as well as others, that have similar intoxicating and psychoactive effects as marijuana, are sold freely online and are popping up in liquor stores and gas stations across the state,” according to an X post from the governor’s account.

Denied

Ashcroft spokesperson JoDonn Chaney disputed the governor’s characterization of the denial on Thursday according to Law360. Chaney told Law360, “Secretary Ashcroft had concerns the rule did not meet the legal requirements as defined in statute. He reached out to the executive branch to give them [the] opportunity to explain how it met the requirements, and they did not respond.”

Parson suggested in his letter that Ashcroft’s reaction to deny the ban was based on a personal issue. The letter from the Governor stated, “As best I can tell, you denied this emergency rulemaking because you believe hurt feelings are more important than protecting children.”

The letter went on to say, “By refusing to grant emergency rules to ban the sale of unregulated psychoactive cannabis products, especially to children, Secretary Ashcroft is choosing personal vendetta and unregulated, dangerous products over the health and safety of Missouri kids.”

Retribution accusation

In July, Parson endorsed his lieutenant governor, Mike Kehoe, in a Republican gubernatorial primary where Ashcroft was also running. Ultimately, Kehoe won that race with 39% of the vote, while Ashcroft came in third, with 23%. In a largely Republican state, Kehoe is expected to be elected the next governor.

Parson claimed the ban is an emergency and cited an uptick in hospital visits for children under five for cannabinoid poisoning saying there had been a 600% increase in ER visits since 2018. He also suggested without documentation that the hemp products could come from China or Mexico and beyond.

The Governor said in his letter that he had directed the ATC (Division of Alcohol and Tobacco Control) to resubmit the emergency rulemaking and asked Ashcroft to reconsider his actions. He also noted that the denial would set back the ban by six months.