Missouri Hemp Ban: An Overview of the Legal Battle

On August 1, 2024, Missouri Governor Mike Parson issued an executive order that sparked significant controversy. The order called for the removal of all hemp-derived THC edibles and beverages from store shelves across the state. The primary reason for this action was the concern that these products, many of which resemble popular candies, are largely unregulated, potentially allowing minors to purchase them.

Legal Challenge and Arguments

In response to the executive order, the Missouri Hemp Trade Association swiftly filed a lawsuit in Cole County Circuit Court, challenging the governor’s directive. Represented by attorney Chuck Hatfield, the association argued that the Department of Health and Senior Services does not possess the authority to enact such a sweeping ban. Hatfield emphasized that, under Missouri law, hemp products cannot be classified as adulterated substances, which was the foundation of the ban.

This legal contention highlights a complex statutory argument: an executive order cannot supersede state law without backing administrative regulations. With the proposed emergency regulations to enforce the ban being rejected by Missouri Secretary of State Jay Ashcroft, the implementation of the ban has been delayed. The proposed rules would have given the Division of Alcohol and Tobacco Control the authority needed to carry out the embargo effectively.

Enforcement and Industry Impact

Despite the regulatory delay, the Department of Health and Senior Services plans to use existing authority under the Missouri Food Code to enforce the ban. This includes conducting inspections and potentially imposing embargoes on products considered adulterated. Retailers are expected to comply voluntarily by removing the products from their shelves. However, if they do not, regulators may place embargo tags on the items and seek court orders for their destruction.

The ban significantly impacts thousands of retailers, including bars, liquor stores, and grocery stores that sell hemp-derived beverages and edibles. Many of these establishments already require customers to be 21 years old to make a purchase. The governor’s executive order has brought to the forefront significant public health concerns. State health officials have reported instances where children have been hospitalized after consuming these products, underscoring the need for regulation. Conversely, industry leaders argue that many responsible retailers already enforce age restrictions and adhere to testing standards.

The future of hemp-derived THC products in Missouri remains uncertain. Efforts are currently underway to establish proper regulations through legislative means. Proposed legislation aimed at regulating these products is expected to be filed in December. The legal and legislative battles will undoubtedly shape the landscape of hemp-derived products in Missouri for years to come.