Missouri’s health department to begin enforcement action against food products containing unregulated psychoactive cannabis

Missouri’s Department of Health and Senior Services (DHSS) is on track to “embargo and condemn” products that contain intoxicating cannabinoids starting September 1, 2024 in accordance to an executive order signed by the state’s governor, Michael L. Parsons. Executive Order 24-10 was issued on August 1st, and pertains to “psychoactive cannabis products include delta-8 tetrahydrocannabinol (THC), delta-10 THC, hexahydrocannabinol (HHC), tetrahydrocannabinol (THC-O), tetrahydrocannabiphoral (THCP), tetrahydrocannabivarin (THCV), and other similar compounds.”

In addition to asking DHSS to “embargo and condemn unregulated psychoactive cannabis products,” the order also directed the Missouri Division of Alcohol and Tobacco Control (ATC) to amend its regulations to prohibit the sale of these products in liquor-licensed facilities. The state’s secretary of state Jay Ashcroft denied emergency rulemaking submitted by ATC in response to the executive order, but that will have no impact on the DHSS. ATC continues to pursue new rulemaking but will go through the regular channels which can take up to six to eight months.

Missouri’s DHSS states that there has been a 600% increase in the number of children ages five and under who have experienced cannabis poisoning that resulted in emergency room visits or hospitalizations since 2018. Many of these products are copycats of popular foods or candies such as Life Savers. This has been the case nationwide, with the U.S. Food and Drug Administration sending out warning letters to multiple brands selling copycat products containing intoxicating cannabinoids.

The provisions set forth in the executive order do not apply to products under the control of the Division of Cannabis Regulation under Article XIV of the Missouri Constitution.