BREAKING: Missouri Governor Drops a Bomb on the Hemp Industry

Michael Parson, the lame-duck governor of Missouri, just issued an executive order that effectively bans all sales of foods containing “unregulated psychoactive cannabis products” in the state, effective September 1, 2024.

The Missouri governor’s sweeping executive order banning hemp food products from unapproved sources is unprecedented. The executive order does not specify what an “approved source” is. It only states that, “no unregulated psychoactive cannabis product [] has been approved by the FDA as a food additive.” The Executive Order conveniently omits the fact that the state’s marijuana industry, which also sells psychoactive cannabinoid products, does not have to comply with state or federal law on this point. This is patently unfair. The FAQ accompanying the executive order states:

Are there any “approved” psychoactive cannabinoids that can be added to a food product? Regulated food products and other manufactured products in commerce in Missouri may not contain unregulated psychoactive cannabinoids, with the exception of marijuana products regulated pursuant to Article XIV of the Missouri Constitution. (Emphasis in the original)

Governor Parson’s move is a heavy handed and unnecessary blow to the hemp industry. The executive order is not supported by facts, law, or logic. Notably, it is a giveaway to the state’s marijuana industry, including large corporate cannabis MSOs, at the expense of its hemp industry, which is primarily composed of small businesses. By way of example, the state’s FAQ about the executive order could have been written by the marijuana industry. It is full of errors and propaganda, including claims that all hemp derived psychoactive products are the result of a chemical conversion (they’re not), that they pose unique health risks (they don’t), and that they are not subject to regulatory oversight (they are):

What is the difference between regular cannabis and hemp-derived (e.g. Delta 8) products? All cannabis plants naturally contain THC and other cannabinoids; hemp plants contain much lower amounts of THC than marijuana plants. Hemp derived psychoactive products are made by chemically converting non-THC cannabinoids into new, psychoactive compounds, and these processes create unique health risks. In contrast, regulated marijuana products are made by traditional extraction processes, are tested to ensure they are not contaminated with dangerous substances, are labeled, with strict oversight, to ensure consumers know the potency and other ingredients in their products and are subject to packaging requirements designed to protect children. Unregulated cannabis products, including hemp-derived products, are not subject to these same (or any) health and safety requirements.

Although legal action is anticipated, it is vitally important for Missouri hemp industry participants to IMMEDIATELY notify the Governor and their state representatives that this order should be revoked.

August 1, 2024