Missouri Hemp Trade Association files lawsuit against state’s department of health over ban on psychoactive hemp-derived cannabinoid products

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Following an executive order from Missouri Governor Michael L. Parson, the Missouri Department of Health and Senior Services (DHSS) has begun a policy to “embargo and condemn” “unregulated psychoactive cannabis products.” The order pertains to products that contain “delta-8 tetrahydrocannabinol (THC), delta-10 THC, hexahydrocannabinol (HHC), tetrahydrocannabinol (THC-O), tetrahydrocannabiphoral (THCP), tetrahydrocannabivarin (THCV), and other similar compounds.”

In response, The Missouri Hemp Trade Association has filed a lawsuit in the Cole County Circuit Court seeking declaratory and injunctive relief that prevents the DHSS from designating these foods and beverage adulterated and implementing an embargo. The lawsuit argues that these products are protected by state law because “industrial hemp” is defined separately from “marijuana” which is considered a controlled substance. This is in line with the 2018 Farm Bill, which removed hemp from the list of controlled substances regulated by the Drug Enforcement Agency. According to the plaintiffs, because the cannabinoids cited in the executive order are derived from cannabidiol (CBD) extracted from industrial hemp, they are commodities of industrial hemp and therefore not adulterated. They cites 197.070.02, RSMo, which states that “A food shall not be considered adulterated solely for containing industrial hemp, or an industrial hemp commodity or product.”