Politics
Missouri Lawmakers Weigh Bills To Match New Federal Hemp Restrictions In State Law
“Now it’s time for us to ensure the safety of our kids, regardless of what Congress did or will be doing in the future.”
By Rebecca Rivas, Missouri Independent
Missouri lawmakers debated two bills this week that would align the state with the federal limits on intoxicating hemp products set to go into effect in November.
Both Missouri bills 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.
They both would regulate intoxicating hemp the same as marijuana, which would essentially ban current hemp products because marijuana must be grown in Missouri and most hemp is grown outside of the state. They would also require hemp products to be sold in licensed cannabis dispensaries, where most are currently sold in gas stations, liquor stores, restaurants and smoke shops.
State officials estimated in 2024 that 40,000 food establishments and smoke shops and 1,800 food manufacturers were selling products that would be banned under the proposed federal regulations. It includes low-dose THC seltzers, such as Mighty Kind and Triple, that have increased in popularity at liquor stores and bars.
While business owners selling these products oppose the federal ban, some said they’re putting their support behind a proposal by Republican state Rep. Dave Hinman of O’Fallon because it would allow Missouri to sell the products if Congress changes its mind in the future.
A House committee discussed Hinman’s legislation Tuesday, making it one of the first bills to get a public hearing during the new legislative session that began last week.
“The bottom line for us is, if it’s authorized and it’s lawful under federal law, we should be able to sell it here in Missouri, just like all the other 49 states will be able to sell it,” said Ron Leon, executive director of the Missouri Petroleum and Convenience Association, which represents gas stations and convenience stores, during the hearing Tuesday evening.
The other bill, proposed by Republican state Sen. David Gregory of Chesterfield, does not include this provision. Another difference in Gregory’s bill is that it includes an emergency clause, meaning it would be enacted as soon as lawmakers approve it and the governor signs it.
“Now it’s time for us to ensure the safety of our kids, regardless of what Congress did or will be doing in the future,” Gregory said during the Senate committee hearing Wednesday morning. “And we need to prohibit intoxicating cannabis from being sold anywhere except for the way our voters designed it and requested it be sold. And that’s exactly what this bill seeks to do.”
The Missouri Cannabis Trade Association, which represents marijuana businesses, has put its support behind both bills. The Missouri Hemp Trade Association, which represents a number of hemp businesses, spoke in opposition to Gregory’s bill but was neutral on Hinman’s bill.
This will be the fourth year in a row that Missouri lawmakers have attempted to regulate intoxicating hemp products, with previous debates ending in stalemates.
However, Hinman said this is a priority for the state’s leadership.
“I met with [Missouri Attorney General Catherine Hanaway] last week, and she thinks this needs to be a priority,” Hinman told The Independent. “I believe the governor is the same and the speaker [of the House] is the same, so I think it’s going to move pretty quick.”
The Law Enforcement Legislative Coalition, which represents police chiefs across Missouri, is supporting both bills. Lake Saint Louis Police Department Chief Chris DiGiuseppi emphasized at both the Senate and House committee hearings this week that the federal provision does not give local police authority to enforce the ban, which is why the state bills are necessary.
“In order to enforce federal law, we’d have to go to a federal law enforcement agency,” DiGiuseppi told the state Senate committee members Wednesday. “We would have to get others involved. We can only enforce state statute. That’s what we’re empowered to do.”
State Sen. Nick Schroer, a Republican from Defiance, asked DiGiuseppi how difficult it would be to enforce the federal ban if Missouri lawmakers fail to pass regulations again this year.
“It would be much more difficult,” DiGiuseppi said. “It’s always easier to try to take care of that in house…so we appreciate all the help we can get.”
Kathi Harness, a lobbyist for the Missouri Beer Wholesalers Association, opposed both bills during hearings this week. She argued that state lawmakers should consider conversations that are happening at the national level.
Earlier this week, a U.S. House bill was filed to delay the implementation of the federal ban until 2028.
The association is supporting separate legislation to allow the sale of intoxicating hemp beverages to continue, contingent on what happens at the federal level.
“I believe, as do many people…that what they will do is they will give it back to the states to regulate,” Harness said. “The federal government doesn’t regulate alcohol at the federal level. Alcohol is regulated at the state level, and I think there’s a very good chance that that’s how it will go if, in fact, the federal government decides to allow this product.”
This story was first published by Missouri Independent.
