Missouri lawmakers have approved a sweeping bill that would outlaw nearly all intoxicating hemp products in the state, setting up a major shift for retailers and consumers who have relied on the hemp market for access to psychoactive cannabinoids outside the licensed cannabis system. Lawmakers approved the measure, HB 2641, with bipartisan support last week, sending the measure to Gov. Mike Kehoe for consideration.
The bill targets intoxicating hemp products that contain psychoactive cannabinoids such as Delta-8 THC and THCa. The new legislation changes the state’s definition of hemp to prohibit more than 0.3% of any variant of THC, a standard that mirrors federal rules scheduled to take effect on November 12.
Rep. Dave Hinman, the state lawmaker who introduced the bill, has said that the goal of the legislation is to align Missouri law with the federal rules that take effect later this year. House Speaker Jon Patterson said the bill is intended to ensure that intoxicating products are sold only through the state’s regulated cannabis system.
“If you’re getting marijuana in Missouri, it’s going to be through the licensed dispensaries that are regulated,” Patterson told the Kansas City Star. “You won’t have these intoxicating cannabinoid products being sold to kids at gas stations where it looks like it’s packaged candy.”
Bill Fuels Rift Between Cannabis and Hemp Operators
MoCannTrade, an industry group representing licensed cannabis businesses, has argued that intoxicating hemp products are unsafe and unregulated. The organization celebrated the legislature’s passage of the bill and urged the governor to sign it.
“Law enforcement has long wanted these untested, untaxed, unlicensed, intoxicating products off the shelves,” Andrew Mullins, MoCannTrade executive director, said in a statement. “This public safety legislation aligns Missouri law with the new federal law banning these products and providing a crystal clear bright line between what is legitimate hemp and what is, in fact, marijuana.”
Hemp operators, however, say HB 2641 will wipe out their industry. Craig Katz, a lobbyist for a hemp trade association, said that the federal legislation alone would devastate the market.
“Probably 95% of the current hemp industry will go out of business, because there’s no way they can comply with the way the redefinition of hemp has been codified in the recent legislation,” Katz said.
Some hemp operators have pushed for regulation rather than prohibition. Last year, several businesses collected signatures for a ballot measure that would have repealed Missouri’s adult use cannabis amendment and replaced it with a system modeled on alcohol and tobacco rules. Tim Gilio, founder of the Missouri Marijuana Legalization Movement, said he stepped back from the effort after concluding that the licensed industry would ultimately prevail.
“I got out of this intentionally just because I’d seen that MoCannTrade was always going to be on top of this and it was always going to be the handful of the rich elite that were going to take control of everything,” Gilio said.
Hemp Operators Seek Veto
MOHempTrade, which represents hemp retailers, is urging supporters to contact the governor and request a veto. Jamie Turner, who owns two hemp shops in southeast Missouri, said he plans to mobilize business owners and consumers.
“I’m definitely going to rally,” Turner said. “I’m rallying every business owner, consumer that I can, and we’re going to try to get the Governor to veto this.”
But Kehoe has already signaled skepticism toward intoxicating hemp products. In January, he told lawmakers he would work to keep “dangerous drugs and substances out of the hands of children.” And in a recent interview, he reiterated his concerns.
"hemp“At a high level, I’m very much in favor of taking these illegal drugs in the form of the candies and stuff off of the shelves for kids to be able to buy,” Kehoe told reporters, according to a report from Marijuana Moment.
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