Important Update: DHSS to Embargo Unregulated Hemp-derived Products

On August 29, 2024, the Missouri Department of Health and Senior Services (“DHSS”) announced it will begin taking steps to “embargo and condemn” products containing traceable amounts of intoxicating cannabinoids, such as popular “gas station weed” from hemp-derived delta-8 THC. https://health.mo.gov/news/newsitem/uuid/3d99c66c-59b6-4fba-b504-d8bb8e76a3c9/dhss-to-begin-unregulated-psychoactive-cannabis-product-enforcement-efforts

DHSS is set to begin its enforcement on September 1, 2024, stating that even edible products containing less than 0.3% THC, the federal legal limit set by the 2018 Farm Bill, will be prohibited. DHSS listed over a dozen compounds derived from the cannabis sativa plant that would be included in the embargo. This would include both cannabis and hemp. This embargo will not apply to products under the control or purview of the Division of Cannabis Regulation (“DCR”) and sold by licensed establishments.

DHSS’ enforcement of Gov. Mike Parson’s executive order from August 1^st, comes at a time where there is legislative uncertainty over the Governor’s order and resistance by Secretary of State, Jay Ashcroft. Gov. Parson’s order seeks to authorize the Missouri Division of Alcohol and Tobacco Control (“ATC”) to act against any licensed liquor establishment selling intoxicating cannabinoid products by directing the ATC to file an emergency rule with Secretary Ashcroft’s office to amend its regulations to prohibit the sale of unregulated psychoactive cannabis products by liquor-licensed facilities. The ATC had previously sought approval of emergency rules but have been rejected by the Secretary’s office. The rejection of the rule filing will have no impact on the effective date of the embargo.

DHSS has created a report form for citizens to use in reporting sightings of unregulated psychoactive cannabis products in retail establishments. DHSS hopes to eradicate the unregulated products and curb the number of admitted children in the state’s hospitals from accidental overdose in 2023, a 600% increase in admissions since 2018.

Please continue to monitor updates from Stock Legal for any further developments regarding the ban of psychoactive cannabinoid derived products in Missouri. Also, feel free to check out this FAQ put together by DHSS.