A proposed law in Missouri would take a simple approach to intoxicating hemp that would keep it out of children’s reach, according to its sponsor.
The Intoxicating Cannabinoid Control Act would classify all intoxicating substances originating from any cannabis plant as marijuana, including synthetically engineered compounds derived from industrial hemp.
“(The 2018 Farm Bill) led to an influx of intoxicating cannabis products derived from hemp that are currently sold without the stringent oversight governing traditional marijuana products,” said State Sen. Nick Schroer, sponsor of Senate Bill 54 (SB54). “These products, accessible in convenience stores, gas stations, and even online, are being sold to kids,” Schroer stated during a hearing on the bill.
Backing from pot interests
Marijuana advocates in Missouri and other states have supported similar legislation, arguing that some hemp operators exploit regulatory loopholes to sell intoxicating cannabis products without incurring the costs and oversight required of licensed marijuana dispensaries. They contend this creates unfair competition. Marijuana was legalized in Missouri via a 2018 ballot initiative, the same year the Farm Bill federally legalized hemp. The debate over SB54 reflects ongoing disputes over the interpretation of that federal legislation.
Thomas Robbins, a lobbyist for MoCannTrade, a marijuana industry trade association, testified that SB54 aligns with the 2018 Farm Bill’s intent, which was to allow hemp to be used solely for producing non-intoxicating products. He added that Congress likely did not anticipate that hemp cannabinoids could be manipulated in laboratories to amplify their psychoactive effects.
“If the compound comes from the cannabis plant and is not intoxicating, it is industrial hemp and should be deregulated pursuant to the 2018 Farm Bill,” Robbins said.
Reading the Farm Bill
Producers of hemp-derived intoxicants argue that since the Farm Bill legalized hemp and its derivatives, their products are also legal. However, some within the hemp industry have criticized unethical actors who misuse the law’s language to market highly potent synthetic THC products. These products are often mislabeled, contaminated, and marketed to youth.
Many intoxicating hemp compounds, including delta-8 THC, delta-10 THC, and others, are produced by chemically altering hemp-derived CBD in a lab. Since the Farm Bill’s passage, these products have proliferated in shops, gas stations, coffee shops, and even mobile trailers—outlets that typically lack the licenses required for selling intoxicating cannabis products.
These items, sometimes called “diet weed,” “marijuana light,” or “gas station pot,” are sold as gummies, candies, drinks, tinctures, topicals (sometimes consumed internally), vapes, and smokable products. Officials in some states have raised concerns about the products’ marketing, noting that packaging often imitates popular children’s snacks.
Last fall, former Gov. Mike Parson issued an executive order targeting hemp intoxicants. However, the directive has since been narrowed to focus specifically on deceptive packaging practices.
Many intoxicating hemp compounds, including delta-8 THC, delta-10 THC, and others, are produced by chemically altering hemp-derived CBD in a lab. Read More
