A Republican state senator has filed legislation to renew last spring’s failed effort to regulate intoxicating hemp products in Missouri, such as Delta-8 drinks and edibles.
Delta-8 THC products can be sold in stores in Missouri because the intoxicating ingredient, THC, is derived from hemp, not marijuana which is a controlled substance. And hemp is federally legal.
There’s no state or federal law saying teenagers or children can’t buy them or 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.
State Sen. Nick Schroer, a Republican from O’Fallon who chairs the legislative committee that oversees Missouri’s marijuana rules, said the products are too easily accessible to children, particularly teenagers.
“I’ve had constituents reaching out to me saying that their kids had been hospitalized,” Schroer said.
Schroer’s bill would task the Missouri Department of Health and Senior Services (DHSS) with regulating these products, as the agency currently does for the state’s marijuana program. And products would have to be sold at DHSS-licensed dispensaries. State Rep. Chad Perkins, a Bowling Green Republican, has filed a companion bill in the House.
DHSS spokeswoman Lisa Cox said the department does not take positions on proposed bills.
“However,” she said, “we do acknowledge the potential and ongoing public health impact of unregulated THC products.”
Over the past few years, Cox said there’s has been an increase in children going to the hospital for cannabis exposure.
“The department has increased its emphasis on regulatory mechanisms that protect health and children in order to minimize any contribution of the regulated cannabis market to such incidents,” she said. “As of right now, there is no such protective framework for unregulated THC products.”
Sean Hackman, president of the Missouri Hemp Trade Association, said his organization advocates for measures such as prohibiting sales to minors and mandating clear user instructions and rigorous product testing.
“While any overdose report, especially those involving minors, is deeply concerning, this does not constitute a public health emergency but rather an opportunity for improved regulation,” Hackman said in an email to The Independent in response to the legislation.
The association opposes tasking the department with regulating the products and requiring them to be sold in dispensaries.
A similar bill filed by Republican state Rep. Kurtis Gregory of Marshall got stuck in committee during the last legislative session.
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