DHSS to begin unregulated psychoactive cannabis product enforcement effort
JEFFERSON CITY, MO — On Aug. 1, Governor Parson announced Executive Order 24-10, which prohibits foods containing psychoactive cannabis products from being manufactured, sold or delivered in the State of Missouri, unless originating from an “approved source.” The Department of Health and Senior Services (DHSS) is educating potentially impacted retailers and wholesalers and will take steps to embargo and condemn these products beginning Sept. 1, 2024.
The governor’s action comes in response to a recent increase in availability of products containing psychoactive cannabis and the emerging concerns regarding the health effects of these substances, especially among Missouri’s youth. In Missouri, there has been a 600% increase in the number of children 5 and under experiencing cannabis poisoning that resulted in emergency room visits or hospitalizations since 2018. Additionally, national poison control centers have documented that approximately 2 in 5 exposures of Delta 8, an unregulated intoxicating hemp product, are occurring in children.
These intoxicating products are currently untested in humans, unregulated, and sold to the public without restriction. Due to lack of regulatory oversight, these products are marketed aggressively and assertively in eye-catching ways to attract public consumption, particularly that of young consumers.
Consumption of psychoactive cannabis products puts individuals at risk for poisoning, unintended intoxication, contaminants and byproduct effects on the body, impaired driving, and more.
Executive Order 24-10 prohibits food containing psychoactive cannabis products from being manufactured, sold or delivered in Missouri unless originating from an “approved source.” Currently, neither the Food and Drug Administration (FDA) nor the State of Missouri recognize any “approved sources,” effectively prohibiting these products from being sold in Missouri until such time the FDA or Missouri General Assembly provide the necessary regulatory framework to recognize “approved sources.”
Executive Order 24-10 does not apply to products under the control or purview of the Division of Cannabis Regulation pursuant to Article XIV of the Missouri Constitution and sold by establishments licensed pursuant to Article XIV of the Missouri Constitution.
“We have seen the negative impacts of unregulated psychoactive cannabis products firsthand,” DHSS Director Paula F. Nickelson said. “Numerous Missourians have been adversely affected by consuming foods laced with these products. Disturbingly, children in Missouri and across the nation have been hospitalized after ingesting these substances, and this is unacceptable.”
As an additional enforcement mechanism, Governor Parson’s Executive Order directed the Missouri Division of Alcohol and Tobacco Control (ATC) to file an emergency rule with the Secretary of State’s Office to amend its regulations to prohibit the sale of unregulated psychoactive cannabis products by liquor-licensed facilities. Last week, this emergency rule was rejected by the Secretary of State. However, ATC is continuing to pursue rulemaking on this matter. The rejection of the emergency rule filing has no impact on the September 1 effective date for DHSS.
DHSS already regulates food products using the authority within Missouri Revised Statues Chapter 196, sections 196.010 to 196.120, and the Missouri Food Code, and inspections will be prioritized based on criteria found within complaints received (health, safety, observations of products marketed to children and frequency of complaints received). To report an unregulated product, submit a complaint at Health.Mo.Gov/Report.
More information about enforcement of Executive Order 24-10 can be found at Health.Mo.Gov/Report.