Missouri To Tighten Regulations On Cannabis Infused Edibles

Starting September 1, the Missouri Department of Health and Senior Services will ramp up enforcement on cannabis-infused edibles, following Governor Mike Parson's signing of Executive Order 24-10 on August 1. This order prohibits the manufacture, sale, or delivery of foods containing psychoactive cannabis compounds in Missouri unless they originate from an "approved source." The term "food" in this context includes any raw, cooked, or processed edible substance, beverages, ice, ingredients intended for human consumption, or even chewing gum.

The order specifically targets unregulated products containing compounds such as Delta 8, Delta 10, HHC, THC-O, THCP, and THCV. These are often found in smoke and vape shops, which do not have the required approved marijuana dispensary license. In contrast, the order does not apply to marijuana products that are protected under Article XIV of the Missouri Constitution, which allows for the legal manufacture, sale, and consumption of marijuana and marijuana-infused products, as approved by Missouri voters in 2023.

The Missouri Division of Alcohol and Tobacco Control has been directed to amend its regulations to prevent unregulated psychoactive cannabis products from being sold in liquor-licensed facilities. Although an emergency rule to this effect was rejected by the Secretary of State, the division continues to pursue rulemaking on this issue, according to a DHSS news release.

The impetus for Executive Order 24-10 comes in response to a significant increase in cannabis-related health incidents among young children. The DHSS reports a 600% rise since 2018 in emergency room visits and hospitalizations due to cannabis poisoning among children five years and younger in Missouri. The DHSS has expressed concern that these unregulated products are untested in humans, marketed without restrictions, and often designed to appeal to young consumers. Some cannabis-infused edibles mimic popular candies like Life Savers, Mike and Ikes, and Airheads, leading to confusion and accidental consumption.

These regulatory moves align with broader national concerns, as major companies like Mars, Inc. (producer of Life Savers) have taken legal action to protect their brands. In 2023, Mars’ subsidiary, the Wrigley Company, settled a lawsuit with Terphogz LLC, a cannabis manufacturer, over the use of branding similar to Skittles for their cannabis products. Similar actions have been taken by Ferrara Candy Company against other cannabis manufacturers.

Consumers who have purchased unregulated cannabis edibles before the implementation of Executive Order 24-10 are advised to dispose of these products in their regular household trash, or they can use year-round drug disposal locations offered by the U.S. Department of Justice. Suspicious or unregulated cannabis products spotted for sale can be reported via a virtual form available on the DHHS website.