Missouri Governor Mike Parson’s ban on intoxicating hemp products has been put on an indefinite pause.
Hemp.
In a letter sent recently to Governor Parson, Richard Moore, general counsel for the Missouri Department of Health and Senior Services, announced that state regulators would no longer embargo products based solely on the presence of hemp-derived THC.
Moore explained that, moving forward, the department would focus its efforts on identifying “misbranded” products, rather than imposing a blanket ban. The letter was addressed to Chuck Hatfield, the attorney representing the Missouri Hemp Trade Association.
Governor Parson’s executive order, signed on August 1, highlighted concerns about products that resemble candy, such as Lifesavers, but contain THC, a psychoactive compound in cannabis. Parson emphasized the potential danger to children consuming these products.
Moore echoed this concern, stating, “It is critical to ensure these products do not fall into the hands of Missouri’s children.”
The department will now prioritize addressing this issue, rather than banning all hemp products containing THC.
Should any misbranded products be identified, Moore said they will be referred to the Missouri Attorney General’s Office for enforcement under the State’s Merchandising Practices Act.
This update came shortly after the Missouri Hemp Trade Association filed for a temporary restraining order on Monday, following an inspection of a VFW post on September 11. According to Hatfield, the association sought the restraining order to prevent the department from further enforcement actions.
“We sought a temporary restraining order, but this letter essentially resolves the issue in the same way,” Hatfield noted.
The association’s motion argued that the governor’s order violated Missouri law by categorizing foods as adulterated simply for containing hemp products.
Moore’s letter acknowledged state law, which clarifies that food cannot be deemed adulterated merely for including industrial hemp or related products. This law underpins the association’s lawsuit challenging the governor’s ban.
Since September 12, health officials have inspected 74 establishments, identifying intoxicating products in 42 of them, according to department spokesperson Lisa Cox.
During inspections, store owners were asked to destroy these products, and those who refused had their items tagged as embargoed.
Moore’s letter outlined that any products already tagged as embargoed will be referred for misbranding violations but will not face further embargoes for being adulterated. Within 30 days of referral to the attorney general, all embargo tags will be removed unless a court ruling dictates otherwise.
