(The Center Square) – Missourians will be able to continue purchasing foods, beverages and supplements with hemp-derived compounds due to conflicts surrounding a state order to stop sales.
Republican Secretary of State Jay Ashcroft announced he rejected on Tuesday an emergency administrative rule submitted by the Division of Alcohol and Tobacco Control. Republican Gov. Mike Parson announced an executive order on Aug. 1 directing the division to “amend its regulations such that unregulated psychoactive cannabis products are prohibited from being sold on the premises of a liquor-licensed facility.”
In a media release, Ashcroft’s office stated he rejected the submitted rule due to the executive department’s failure to provide justification as required in state law.
“Statute determines the requirements for such a designation and I have a responsibility and a duty to follow the law,” Ashcroft said in a statement.
Missouri law requires rules to be reviewed by the secretary of state to determine compliance with requirements for publication and adoption.
“… in the event that the secretary of state determines that such proposed material does not meet those requirements, the secretary of state shall not publish the rule,” according to Chapter 536.025 of the Missouri Revised Statutes . “The secretary of state shall inform the agency of its determination, and offer the agency a chance to either withdraw the rule or to have it published as a proposed rule.”
Ashcroft’s office said a regular administrative rule pertaining to the matter was filed by the Division of Alcohol and Tobacco Control on Aug. 16. The rule will now go through the normal rule-making process, including publication in the October Missouri Register and a public comment period.
On Aug. 22, Parson wrote a letter to Ashcroft expressing extreme disappointment in the denial of the emergency rulemaking order. Parson characterized Ashcroft’s action as “retribution for my endorsement of another candidate” in the Republican primary for governor on Aug. 6.
Lt. Gov. Mike Kehoe, who was endorsed by Parson, won the election with 39% of the vote, 16 points ahead of Ashcroft. In response to Parson's letter, a spokesperson for Ashcroft said the sole reason for not approving the order was its failure to meet legal requirements in state law.
Parson emphasized the rulemaking was necessary to protect the health and safety of Missourians, especially children. In April, the Department of Health and Senior Services issued a health advisory on the potential risks associated with consuming hemp-derived intoxicating cannabinoids.
“It is highly concerning how accessible these products are to the public, especially our youth,” Paula F. Nickelson, director of the Department of Health and Senior Services, said in a statement announcing the advisory. “There is no way for consumers to know exactly what is in the product they are consuming and just how intoxicating it may be.”
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