A Missouri hemp trade group filed suit in state court on Friday against the Department of Health & Senior Services over a proposed ban on intoxicating hemp goods, alleging that the move violates federal and state law.
The ban stems from an executive order signed by Gov. Mike Parson on Aug. 1, which has since been caught in a political game of tug-of-war, but now appears to have gone into effect on Sunday. The lawsuit on Friday, filed in Cole County Circuit Court by the Missouri Hemp Trade Association, was an attempt at halting the implementation of the order, the Missouri Independent reported.
The suit argued that DHSS doesn’t have the legal authority to carry out the order signed by Parson, and that if the order is carried out, it would result in broad retaliation against and losses for the hemp sector at large. Parson has said his goal is eliminating THC-infused intoxicating goods, particularly edibles, that appeal to children.
The suit requests a court order declaring that DHSS doesn’t have the legal authority to dub hemp-infused foods to be “adulterated,” to seize and embargo hemp goods, or to stop the manufacture or sale of hemp products. The trade association asked for a preliminary injunction against the state to halt the attempted crackdown.
Chuck Hatfield, an attorney for the Missouri Hemp Trade Association, said the crux of the matter is there’s an existing state law that clearly states that foods cannot be considered “adulterated” simply because they include hemp.
“We’re going to point out that the department lacks the authority to ban psychoactive cannabinoid hemp products across the board, as they’re doing,” Hatfield told the Independent. “Hemp products are not adulterated under Missouri law.”
Rather, what needs to happen for Parson’s desired outcome, Hatfield said, is for the legislature to pass a new law and for DHSS to go through standard industry rulemaking to fully clarify what’s legal and what isn’t.
Lisa Cox, spokeswoman for DHSS, pushed back on Hatfield’s position, and said, “We are not talking about simply industrial hemp.”
“What we are dealing with are chemically converted hemp-derived cannabinoids which are included in almost every hemp-derived intoxicating product on the market today,” Cox told the Independent.
Cox said that Parson’s order utilizes DHSS’s existing legal authority to regulate foods, and if the agency continues as planned, hemp company site inspections will begin on Monday for compliance with the new order.
The lawsuit argues that DHSS doesn’t have the legal authority to carry out the order. Read More