Missouri Clamps Down on Intoxicating Hemp Beverages
Missouri officials are launching a significant crackdown on the burgeoning and largely unregulated market for hemp-derived THC beverages, citing pressing public safety risks and deceptive marketing practices. Attorney General Andrew Bailey announced his office is taking aggressive action against retailers and manufacturers, aiming to curb the sale of intoxicating products that have proliferated in gas stations, vape shops, and convenience stores across the state [Source 1].
The move signals a major effort to rein in a "Wild West" market that has flourished in the legal gray area created by the 2018 federal Farm Bill. While the bill legalized hemp by defining it as cannabis containing less than 0.3% delta-9 THC by dry weight, it inadvertently opened the door for products that, while technically compliant, contain enough THC to cause significant intoxication. These products, often sold as seltzers and sodas, represent a direct challenge to Missouri's tightly controlled adult-use marijuana program, which voters approved in 2022.
"My job is to protect Missourians, and a key component of that is enforcing the laws as written," Attorney General Bailey stated. His office has begun issuing cease-and-desist letters, threatening legal action under the Missouri Merchandising Practices Act against businesses that continue to sell these controversial drinks.
A Public Safety and Consumer Protection Crisis
At the heart of the crackdown are concerns that these hemp beverages are untested, improperly labeled, and dangerously accessible to minors. Bailey’s office alleges that many of these products are sold without robust age verification and often use packaging and flavors that could appeal to children.
According to the Attorney General, the key violations under the Missouri Merchandising Practices Act include:
- Deceptive and Unfair Practices: Selling intoxicating substances without adhering to the state-regulated framework for cannabis.
- Failure to Warn: Not adequately informing consumers about the intoxicating effects, potential health risks, or legal implications of consumption.
- Marketing to Minors: Utilizing youth-appealing branding and failing to implement strict age gates for purchase.
"We are committed to putting an end to the sale of these illegal products," Bailey emphasized, noting the products undermine the safe, regulated market that Missourians voted for.
This enforcement action is supported by the state’s primary cannabis regulator, the Missouri Division of Cannabis Regulation (DCR). While the DCR’s authority is limited to the state-licensed marijuana industry, its leaders have repeatedly warned about the dangers of the unregulated hemp market. Amy Moore, director of the DCR, and Abigail Vivas, the division's chief equity officer, have voiced their support for the Attorney General's initiative, confirming that these hemp-derived intoxicants fall outside their jurisdiction but pose a clear threat to the state's regulatory goals [Source 1].
The Farm Bill Loophole
The proliferation of intoxicating hemp products is a nationwide issue stemming directly from the language of the 2018 Farm Bill. The law’s focus on the percentage of delta-9 THC by dry weight created a loophole that beverage makers have skillfully exploited.
Here's how it works:
- A standard 12-ounce (355ml) can of seltzer is mostly water.
- The total weight of the beverage allows for a significant milligram amount of THC to be infused while keeping the overall THC concentration below the 0.3% threshold.
- This results in drinks that can legally contain 5mg, 10mg, or even more THC per serving-levels comparable to or exceeding those found in products sold in state-licensed dispensaries.
These products often contain not only delta-9 THC but also other intoxicating cannabinoids like delta-8 THC, which is chemically converted from legal CBD derived from hemp. Because they are classified as "hemp," they bypass the stringent requirements imposed on the legal marijuana industry, which include:
- Rigorous lab testing for potency and contaminants.
- Strict packaging and labeling rules.
- High taxes that fund state programs.
- Mandatory age verification at the point of sale.
Regulated cannabis businesses have long decried this two-tiered system as unfair competition that not only hurts their bottom line but also jeopardizes the credibility and safety of the legal market.
Missouri Joins a National Trend
Missouri is the latest in a growing number of states taking action to address the unintended consequences of the federal hemp law. From outright bans to new regulatory frameworks, state governments are grappling with how to control intoxicating products that exist outside traditional marijuana laws.
The crackdown in Missouri could have a chilling effect on the hundreds of businesses that have come to rely on revenue from these popular drinks. However, for state regulators and law enforcement, the priority is to channel all intoxicating cannabis products through a single, accountable system.
The ongoing enforcement effort will likely serve as a test case for the state’s ability to control its cannabis market. Without further clarification at the federal level in the next Farm Bill or a specific state law addressing these products, the legal battles over what constitutes "hemp" versus "marijuana" are expected to continue. For now, Attorney General Bailey is using existing consumer protection laws to send a clear message: intoxicating products, regardless of their origin, will not be allowed to operate in the shadows in Missouri.