Missouri’s health department shifts priorities in enforcing the Governor’s executive order against intoxicating cannabinoids

A letter from Richard Moore, deputy director and general counsel of the Missouri Department of Health and Senior Services indicates a change in enforcement priority for the DHSS in enforcing Governor Mike Parson recently imposed ban on intoxicating hemp products. DHSS began enforcement of the Governor’s executive order at the beginning of September. Reports indicated that 74 retail establishments were inspected, and in multiple case, business owners were forced to destroy inventory. The Missouri Hemp Trade Association (MHTA) also filed a lawsuit against the state in response to the executive order. The lawsuit cites 196.070.02, RSMo, which states that “A food shall not be considered adulterated solely for containing industrial hemp, or an industrial hemp commodity or product.”

In the letter, Moore expresses agreement with 196.070.02, RSMo. He wrote, “In regard to psychoactive cannabis products, the Department will focus its efforts on the identification of ‘misbranded’ products as that term is defined in Section 196.075, RSMo. If the Department identifies any such misbranded products, it will refer those products to the Missouri Attorney General’s Office for potential enforcement under the State’s Merchandising Practices Act, which, among other things, prohibits ‘[t]he act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact in 2 connection with the sale or advertisement of any merchandise in trade or commerce[.]’ To that end, the Department will aim to identify products that may violate the Merchandising Practices Act.”

Moore states that cannabis that have been embargoed will be released after 30 days. “He explains that, “All psychoactive cannabis products that the Department has tagged as an embargoed product under Chapter 196, RSMo, since August 1, 2024, will be referred to the Attorney General’s Office for evaluation of Missouri Merchandising Practices Act violations. The Department has no intention at this time to embargo additional psychoactive cannabis products as adulterated. Further, within 30 days after referral to the Attorney General’s Office, the Department will release all currently embargoed products and remove all embargo tags. Once embargo tags are removed, such product will not be subject to an embargo so long as there is no court order prohibiting its sale or ordering its destruction.”

He also clarified that the executive order only pertains to intoxicating products. “Hemp or cannabidol (CBD) products which are collected by extraction and have not been changed into a new substance, such as hemp protein powders, hemp milk, hemp flower, hemp teas or other drinks, CBD gummies, CBD drink additives, or foods with CBD, have not been embargoed to date,” wrote Moore.

MHTA is advocating for the release of embargoed products sooner than 30 days. “Our legal team is working closely with DHSS and state officials to explore ways to expedite the process, ensuring that your products can be sold as soon as possible,” wrote MHTA in a press release. “MHTA is committed to fighting for a quicker resolution, and we’re exploring all legal avenues to make it happen.”