Missouri Health Dept. launches crackdown on food with 'psychoactive cannabinoids'

(The Center Square) – After one state agency was stopped from prohibiting sales of products with hemp-derived compounds, another is moving forward and seeking the public’s help with enforcement.

State law allows the Missouri Department of Health and Senior Services to regulate food products. Beginning Sunday, the department will begin taking steps to embargo and condemn foods containing psychoactive cannabis.

The announcement came days after Republican Secretary of State Jay Ashcroft announced his denial of certifying executive order 24-10 , made by Republican Gov. Mike Parson on Aug. 1. The order included directing the Division of Alcohol and Tobacco Control to amend its regulations to prohibit the sale of the products at liquor-licensed facilities.

Parson wrote a letter to Ashcroft criticizing the denial as retribution for not endorsing him in the Republican primary for governor. On Tuesday, Ashcroft said the governor’s request didn’t meet requirements in state law and the Division of Alcohol and Tobacco Control had started the regular process of rulemaking, which will take a few months.

However, other state laws allow the Department of Health and Senior Services to enforce the condemnation and embargo of the products.

“The Executive Order directed DHSS to deem food with psychoactive cannabinoids as adulterated food products, and such products cannot be manufactured or sold in Missouri pursuant to RSMo 196.015 ,” according to information in a lengthy “frequently asked questions” area on the DHSS website. “DHSS regulates food in Missouri and will use existing authority to enforce the ban on these products as of Sept. 1, as directed in the executive order.”

The executive order prohibits food with the psychoactive cannabis from being manufactured, sold or delivered in Missouri unless it originates from an “approved source.” The Food and Drug Administration and the state don’t recognize any “approved source,” for production.

Paula Nickelson, who was appointed director of DHSS by Parson, said poisoning of children from the products is alarming. The number of children under age 5 who visited an emergency room or were hospitalized increased from 21 in 2018 to 98 through September 2023, according to a DHSS report on hemp-derived cannabinoids.

“We have seen the negative impacts of unregulated psychoactive cannabis products firsthand,” Nickelson said in a statement. “Numerous Missourians have been adversely affected by consuming foods laced with these products. Disturbingly, children in Missouri and across the nation have been hospitalized after ingesting these substances, and this is unacceptable.”

Consumers who see psychoactive cannabis products being sold anywhere other than a licensed cannabis dispensary facility can submit a complaint through the DHSS. The form requires a business name and address, whether the facility also sells alcohol and the name of the product. Consumers also can upload photos of the products.