Missouri House Passes Bill To Ban Hemp THC Drinks, Gummies And Other Products

Marijuana Moment

“We’re not pioneering anything new here. What Missouri is doing…is simply aligning our state statutes with the federal action.”

By Rebecca Rivas, Missouri Independent

The Missouri House approved a bill Thursday that would ban all intoxicating hemp products—things like THC seltzers or hemp-derived THC edibles currently sold at gas stations and smoke shops—beginning in November.

The bill, sponsored by Republican state Rep. Dave Hinman of O’Fallon, would prohibit hemp products from containing more than 0.4 milligrams of THC per container, which is among the limits included in a provision in the federal spending bill Congress approved last year.

Even if Congress reverses course and decides to allow the sale of these products, Hinman’s bill would only permit them to be sold in Missouri’s licensed marijuana dispensaries. And if Congress chooses to delay the ban for a couple years, Missouri would still ban all products, except for intoxicating beverages.

With a 109-34 vote, the bill now heads to the Senate for its consideration.

“We’re not pioneering anything new here,” Hinman said during debate on his bill Thursday. “What Missouri is doing…is simply aligning our state statutes with the federal action so our law enforcement, the highway patrol, local prosecutors and the attorney general’s office can work in tandem with our federal partners. No gaps, no loopholes.”

Republican State Rep. Matthew Overcast of Ava spoke against the bill, particularly a provision stating intoxicating hemp products “shall be considered marijuana” and be regulated the same.

This would essentially ban nearly all intoxicating hemp products currently sold in the state because marijuana must be grown in Missouri and most hemp is grown elsewhere. It would also require hemp products to be sold in licensed cannabis dispensaries, which can only sell product grown within Missouri licensed cultivation facilities.

Overcast argued that Missouri’s constitution already defines what marijuana is, and only voters can change that definition—not lawmakers. And while proponents say the changes are needed to protect children from accessing these products, Overcast said, the reality is the bill will only protect the marijuana industry from competition.

“We cannot rewrite voter adopted language by statute simply because certain market participants prefer less competition,” Overcast said. “If protecting children was truly the goal, we know what works: age restrictions, standards, clear labeling, packaging safeguards, responsible retail rules.”

Hinman said he believes Missouri lawmakers have the authority to make this change.

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