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MARIJUANA MOMENT

MISSOURI LEGISLATION WOULD IMPOSE RESTRICTIONS ON INTOXICATING HEMP PRODUCTS,
SPARKING CLASH OVER HOW TO REGULATE


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POLITICS


MISSOURI LEGISLATION WOULD IMPOSE RESTRICTIONS ON INTOXICATING HEMP PRODUCTS,
SPARKING CLASH OVER HOW TO REGULATE

Published

5 hours ago

on

February 14, 2024

By

Marijuana Moment

“There’s zero reason why these THC products should not be treated like any other
THC product in our state.”

By Rebecca Rivas, Missouri Independent

Missouri lawmakers have heard hours of heated testimony at two hearings in the
last week over bills aiming to regulate intoxicating hemp products that get
people high the same as marijuana.

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Currently there’s no state or federal law saying teenagers or children can’t buy
products, such as delta-8 drinks, or that stores can’t sell them to
minors—though some stores and vendors have taken it upon themselves to impose
age restrictions of 21 and up.

And there’s no requirement to list potential effects on the label or test how
much THC is actually in them.



“There’s zero reason why these THC products should not be treated like any other
THC product in our state,” said state Sen. Nick Schroer, a Republican from
Defiance, during a Monday Senate committee hearing.

The legislation’s proponents and opponents both agree the state should regulate
the existing “Wild West” market for intoxicating hemp products.

The debate, however, is over whether the agency that oversees the state’s
marijuana program, the Missouri Department of Health and Senior Services (DHSS),
should regulate these hemp products.



If DHSS is put in charge, the products would have to be sold at DHSS-licensed
dispensaries.

That’s what is proposed in legislation sponsored by Schroer and in the House
filed by state Rep. Chad Perkins, a Bowling Green Republican.

“Similar to alcohol, one regulatory body covers all intoxicating liquors and
alcohol, such as beer, bourbon, wine, moonshine, brandy and even hooch,” said
Schroer, who chairs the legislative committee that oversees Missouri’s marijuana
rules.

Opponents contend restricting hemp-derived THC products to be sold at the
dispensaries would allow the “marijuana monopoly” to take over the market, given
the limited number of licenses for dispensaries available.

They argue there should be a separate regulating system in place for
intoxicating hemp products that would allow them to continue to be sold in gas
stations and liquor stores.



“The nub of the issue you’re going to find is…where do you sell these products?”
said Ronald Leone, executive director of Missouri Petroleum Marketers and
Convenience Store Association. “Everybody agrees with the reasonable regulation
and the reasonable taxation. The question is: Who do you allow to take advantage
of this new and burgeoning market?”

Proponents said it’s “duplicative” to have a separate state agency regulating
the hemp products, which are chemically identical to marijuana.

“What this bill does is it just clearly says: If it walks like a duck and talks
like a duck, we’re gonna regulate it like a duck,” said Chris Lindsey, a
lobbyist with the American Trade Association of Cannabis and Hemp.



Why aren’t they regulated now?

Hemp is often known for being the part of the cannabis plant that doesn’t get
people high. It’s full of CBD, a non-psychoactive cannabinoid that helps people
relax and is often found in massage oils and sleep aids.

But much has changed since hemp was taken off the controlled substance list in
2018 by the last U.S. Agriculture Improvement Act, more commonly known as the
farm bill.

Now state regulators can barely keep up with the constantly evolving ways that
people have found to make intoxicating products from hemp. Probably the most
common way is to synthetically convert CBD into an intoxicating cannabinoid,
such as delta-8 THC or delta-9 THC, using a solvent, acid and heat.

The market for things like delta-8 drinks and edibles is one of the fastest
growing markets in the country, and it’s completely unregulated on a federal and
state level.



The Food and Drug Administration (FDA) has said the regulation needs to happen,
and the agency is “prepared to work with Congress on this matter.”

Missouri does not have a regulating agency for hemp. The state punted that
regulation to the U.S. Department of Agriculture in 2022. A USDA spokesperson
previously told The Independent the 2018 Farm Bill did not specifically address
delta-8 and the USDA has no jurisdiction or enforcement capabilities over those
products.

During the hearing of Schroer’s bill Monday, opponents and proponents both
agreed that Congress did not intend to legalize intoxicating hemp products by
taking hemp off the controlled substance list through the farm bill.

Vince Sanders, founder and president of CBD American Shaman, testified he was in
the conversations for the 2018 farm bill.

“It was definitely unintended, including myself,” Sanders said. “But just
because it was accidental, if you will, doesn’t mean that it necessarily ended
up bad.”

Sean Hackmann, president of the Missouri Hemp Trade Association, testified
Monday that Schroer’s bill would destroy many hemp businesses.

“We’re in favor of legislation that will assure product and consumer safety and
allow it to be sold as it is successfully now in hundreds of retail locations,”
he said.

However, health officials said Monday the number of cases of children being
poisoned from the intoxicating hemp products is alarming.

Julie Weber, director of the Missouri Poison Center at SSM Health Cardinal
Glennon Children’s Hospital, said the number of children under 5 years old who
have been exposed to the products has more than doubled every year, with 205
exposures last year.



“It’s the packaging as well that’s a big concern,” Weber said “It’s attractive,
has bright colors, mimics foods and candy. It also has cartoon figures on
there.”

During a House hearing last week, Perkins brought in a photo of a bag of delta-8
edibles that looked like a bag of Skittles.

“Trust me when I tell you, I’m a professional Skittles eater from way back,”
Perkins said. “I cannot tell the difference, and that’s problematic.”

The constitutional amendment that legalized adult-use marijuana in November 2022
requires that labels and packaging for marijuana-related products, “shall not be
made to be attractive to children… to protect public health.”

As a result, strict restrictions on what marijuana companies can include on a
label were put in place this year. Those restrictions don’t exist for the
intoxicating hemp products.

“We’re talking about improving health and safety,” Perkins said. “And we’re
talking about offering businesses a way in which they can participate in a
legalized framework.”

This story was first published by Missouri Independent.

> Almost Half Of Missouri’s Marijuana Social Equity Business License Applicants
> Live Outside The State



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