Header Image: Gov. Mike Parson speaks at Capitol press conference announcing Executive Order 24-10 that bans the sale of intoxicating hemp products in Missouri “until such time approved sources can be regulated by the FDA or State of Missouri through legislative action,” he said (photo courtesy of Missouri Governor’s Office).
The Missouri Independent
State health regulators walked into the busy Prime Fuel gas station in Sedalia on Tuesday morning and asked the clerk if there were any intoxicating hemp-derived THC edibles in the store — products the governor banned as of Sept. 1.
The two employees of the Missouri Department of Health and Senior Services learned the store had already taken the products off the shelves, according to the regulators’ report on the visit, and they were being stored in a box in the office.
The report says regulators called the owner and he voluntarily agreed to destroy the products.
But that’s not how the owner describes the incident, said Craig Katz, spokesman for the Missouri Hemp Trade Association.
“He seemed to be forced into it,” Katz said.
Katz said the owner had boxed up the products so he could return them to the wholesaler for a refund, and he explained this to the regulators. Instead, they told him his manager had to pour bleach over about $5,000 worth of product, Katz said, a process that took two hours.
On Wednesday, the Missouri Hemp Trade Association’s attorney Chuck Hatfield sent a letter to the department’s general counsel saying the regulators deprived the owner of his right to tell his side of the story to a judge.
“The law is extremely clear that DHSS is not authorized to destroy product, or to demand that others do so, without a court order,” Hatfield wrote.
State regulators have visited 44 establishments as of 4 p.m. Thursday to inspect for the banned products, said Lisa Cox, spokesperson for the department.
Of the 44 facilities, regulators found “unregulated psychoactive cannabis products” during inspections at 23 of them, Cox said.
“Four facilities have refused to embargo or discard products,” she said. “The remaining facilities agreed to embargo and/or discard products. At this time, we have taken no court action.”
Cox declined comment on Hatfield’s letter.
The association says it has heard of three reports of “raids” by state health regulators on stores selling intoxicating hemp products, mainly edibles. Regulators asked owners or clerks to sign a document stating they agree with the destruction of the products, Katz said.
“I can only describe what is happening to small business owners in Missouri as disturbing,” Katz said.
The association filed a lawsuit on Aug. 30 in Cole County Circuit Court to stop the governor’s ban on all intoxicating hemp food and drinks from taking effect Sunday. The association argues the products are legal and state law prohibits regulators from deeming them as “adulterated.”
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Missouri regulators visit nearly 50 stores to inspect for intoxicating hemp edibles
