Missouri House passes “Intoxicating Cannabinoid Control Act” regulating hemp-derived THC products
The Missouri House of Representatives, today, passed House Bill 2641 by a vote of 109 to 34, advancing legislation that would significantly restructure how hemp-derived cannabinoid products are regulated in the state.
The bill, known as the Intoxicating Cannabinoid Control Act, is sponsored by Representative Dave Hinman, R-O’Fallon. With House passage, the measure now moves to the Missouri Senate for consideration.
This is the latest iteration of the ICCA but has seen much more traction than previous versions, especially with a looming deadline for the federal ban of intoxicating hemp expected to resolve in November.
Supporters of the legislation describe it as an effort to align Missouri law with that evolving federal definition of hemp and pending federal restrictions on intoxicating hemp-derived products.
Under HB 2641, synthetic cannabinoids would be prohibited in Missouri. The bill also restricts hemp-derived products that contain more than 0.3 percent total tetrahydrocannabinol on a dry-weight basis or more than 0.4 milligrams of combined tetrahydrocannabinols per package.
The legislation classifies certain hemp-derived cannabinoid products as marijuana for regulatory purposes and requires that their cultivation, manufacturing, testing, transportation, and retail sale occur only through entities licensed under Article XIV of the Missouri Constitution. Article XIV governs the state’s medical and adult-use marijuana programs.
An amendment adopted prior to passage sets Nov. 12 of this year as the effective date for prohibiting specified intoxicating hemp-derived products in Missouri.
The amendment also addresses the interaction between state and federal law. If Congress delays implementation of a federal intoxicating hemp ban, hemp beverages would be subject to a delayed effective date under the Missouri legislation. However, most other products, including smokable hemp flower, vape products, gummies, synthetic cannabinoids, candies, and edible products that exceed statutory thresholds, would still be prohibited under Missouri law beginning Nov. 12.
The bill also contains consumer privacy provisions related to Missouri’s marijuana program. It prohibits state agencies from disclosing medical marijuana patient and caregiver information except pursuant to subpoena or court order. Violations would constitute a class E felony. In addition, marijuana dispensaries must honor written requests from consumers not to create or retain identifying information, with a $2,500 fine per occurrence for violations.
If approved by the Senate and signed into law, HB 2641 would substantially narrow the availability of intoxicating cannabis products outside of Missouri’s licensed marijuana system.
The measure now heads to the Missouri Senate, where lawmakers will consider whether to adopt, amend, or reject the House-passed version of the Intoxicating Cannabinoid Control Act.
