Missouri health officials take a step back in battle over hemp products

DHSS will pivot focus to misbranded psychoactive cannabis products

The Missouri Department of Health and Senior Services (DHSS) has updated its approach to regulating psychoactive cannabis products, narrowing its focus to identifying misbranded items instead of embargoing products simply because they contain hemp-derived THC, the Department’s Attorney, Richard Moore said in a letter this week.

This shift follows Governor Mike Parson’s Executive Order 24-10, which levied heavy regulation against “psychoactive” hemp products, restricting sales points and essentially banning all edibles.

The hemp industry, led by figures like Brooklyn Hill, President of MO Hemp Trade, actively fought these regulations, seeking responsible oversight and the creation of stringent and responsible regulation for the hemp industry.

Hill, a strong advocate for Missouri’s hemp industry, has voiced concerns about the governor’s order, emphasizing the industry’s commitment to safe, regulated products. Hill points to a lack of testing and packaging standards as a significant oversight in the current regulatory approach. She has taken a lead role in pushing for legislation that would require proper testing, age restrictions, and clear labeling, reflecting the industry’s desire for a safe and sustainable market.

“My fear is that the Governor’s action is going to wipe out the hemp industry,” Hill previously told Greenway. “Why eradicate when you can regulate?”

In the letter, addressed to attorney Charles Hatfield of the Missouri Hemp Trade Association, Moore explained that the Department would now concentrate its enforcement on misbranded products under Missouri’s Merchandising Practices Act, rather than banning all hemp-derived psychoactive products. The department will refer violations to the Attorney General’s Office for further action.

Moore also acknowledged the state law passed by the Missouri General Assembly in 2018, stating that hemp products cannot be considered adulterated solely for containing industrial hemp. The letter clarifies that DHSS will no longer embargo hemp-derived products containing THC as adulterated. Instead, the department will prioritize enforcement to ensure psychoactive products are correctly labeled and marketed, with a specific emphasis on keeping these products out of children’s hands.

    

This adjustment comes after the MO Hemp Trade Association filed for a temporary restraining order, citing concerns that the department was misapplying state law by labeling hemp products as adulterated solely for containing THC. Moore’s letter signaled that the department’s efforts moving forward will focus on potential misbranding violations, rather than broadly targeting hemp-derived products.

DHSS’s decision to focus on misbranded products is a shift welcomed by many in the industry, as it alleviates the broad embargo that has caused the destruction of products compliant with existing standards. Moore’s letter clarified that DHSS will release embargoed products within 30 days, pending further actions from the General Assembly.

By transitioning its focus to the identification of misbranded products, DHSS aims to protect consumers while maintaining compliance with existing Missouri law. Under this revised enforcement strategy, products that were previously embargoed since August 1, 2024, will be released within 30 days of referral to the AG’s office, barring any court orders that prohibit their sale or mandate their destruction. Once the embargo tags are removed, the products will no longer be subject to such restrictions unless a court intervenes.

The Missouri hemp industry has responded positively to this shift.

“The Missouri Hemp Trade Association welcomes Mr. Moore’s letter spelling out DHSS’s and the State’s renewed focus on the real problem of misbranded and misleading hemp products that are compromising the health and wellbeing of our children and communities,” said Craig Katz, Spokesperson for MO Hemp Trade. “We look forward to the resumption of our businesses, free from the fear of unjustified enforcement efforts. We’re glad that the Department agrees with many of our recommendations and are looking forward to continuing to work together to protect both the young people of Missouri as well as the legal cannabis industry.”

DHSS’s decision to target misbranded psychoactive products aligns with the association’s stance that regulation should focus on ensuring consumer safety and preventing deceptive marketing, especially toward children.

Moving forward, the Missouri hemp operators and leaders like Hill hope to see the General Assembly and Missouri’s legislative leaders take action to create regulation that is meaningful while allowing the hemp industry to continue to thrive.