Missouri Governor Michael Parson last week announced he had issued an executive order prohibiting the sale of foods containing psychoactive cannabis compounds. It also prohibits the sale of psychoactive cannabis products from retail establishments that hold a liquor license.
“This Executive Order effectively bans the sale of these potentially harmful products in Missouri until such time approved sources can be regulated by the FDA or State of Missouri through legislative action,” said the Governor. “Protecting Missourians, especially the most vulnerable, our children, has been our guiding principle since the very beginning and remains so today.”
It’s interesting that the term “psychoactive” has been used instead of “intoxicating”. Depending on who you ask, CBD and some other cannabinoids may not be intoxicating, but are psychoactive as they can impact mood and behaviour.
Under the executive order, the following are among the cannabinoids considered in Missouri to be psychoactive according to a related FAQ:
Delta-9 THC, Delta-8 THC, Delta-10 THC, Delta-11 THC, HHC, THCa, THCO, THCV, THCP, THCB, THCH, THCJD, THCX and HHCP,
And among those that aren’t:
CBD, CBN, CBG, CBDa, CBGa, CBDV, CBDVa, CBGV, CBGVa, CBNa, CBC and CBCa
And on CBD specifically, the FAQ states:
“Food products are not considered adulterated by the State of Missouri solely because they contain CBD.”
Earlier this year, a health advisory from Missouri’s Department of Health and Senior Services (DHSS) warned consumers should avoid products that contain hemp-derived intoxicating cannabinoids until further notice. And in March, Missouri’s Attorney General Andrew Bailey was among a group of AGs calling on the Committee On Agriculture to refine the definition of hemp at a federal level to help address the issue.
Commenting on the executive order, AG Bailey said:
“As Attorney General, I will always use every tool at my disposal to halt the sale of dangerous, illicit products that harm Missouri consumers, especially children.”
While cannabis for recreational and medical use is legal and regulated in Missouri and many other states, it was a loophole in the 2018 Farm Bill that led to the proliferation of unregulated intoxicating hemp-derived cannabinoid products across the USA.
According to the Governor’s office, there has been a 600 percent increase in the number of incidents involving Missouri children 5 years old and under experiencing cannabis poisoning that resulted in emergency room visits or hospitalizations since 2018. Missouri Poison Control calls relating to cannabis exposure for children under 5 years of age jumped from just 7 in 2018 to 168 in 2023.
One of the major issues driving this increase is intoxicating products being presented and packaged in a way attractive to children – and this includes mimicking popular snack products. To this point, these products have had no marketing or packaging restrictions.
“This is where the center of our issue lies…concern for the safety of Missouri children,” said Governor Parson. “These packages are not clearly or definitively labeled, and it would be extremely easy for a child to consume large quantities of these products thinking it was their favorite candy.”
An exception to the executive order are affected products being sold in Missouri originating from an “approved source”, but neither the Food and Drug Administration (FDA) or the State of Missouri recognize any at this point.
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