Ashcroft rejects Missouri ban of Delta-8 THC. Was it ‘retribution’ against governor?

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Missouri Secretary of State Jay Ashcroft rejected an emergency rule banning unregulated hemp-derived intoxicating food products, a decision Gov. Mike Parson implicitly alleged Thursday was retribution for his endorsement of Ashcroft’s opponent in the Republican race for governor.

Ashcroft’s decision means implementing new rules to curb the proliferation of unregulated products such as Delta-8 THC will take at least half a year, Parson said in an angry letter excoriating the secretary of state.

Parson’s broadside against Ashcroft comes as the two Republicans enter their final months in office. Parson is terming out of office, and Ashcroft came in third in the GOP primary for governor , falling well behind Parson’s favored candidate, Lt. Gov. Mike Kehoe, who won the nomination.

But Ashcroft’s decision – and Parson’s bitter feelings toward him – come with real consequences. The delay means banning the products may fall to the next governor, whether Kehoe or House Minority Leader Crystal Quade, the Democratic candidate. And the products could remain available as health officials in Parson’s administration warn their availability poses particular risks to children.

At the same time, the emergency rule could severely restrict Missouri’s hemp industry while allowing licensed dispensaries to continue to sell the products. Even absent Ashcroft’s decision, the rule was likely to end up in court.

“As best I can tell, you denied this emergency rulemaking because you believe hurt feelings are more important than protecting children,” Parson wrote in his letter, dated Thursday. “This is a personal matter for thousands of parents and grandparents across the state, and denying the rulemaking is your attempt at retribution for my endorsement of another candidate.”

Parson continued: “Safety of kids is not a political issue. I am disgusted that you are making it one.”

Parson letter to Ashcroft by jshorman on Scribd

Ashcroft spokesperson JoDonn Chaney said in a statement that Ashcroft “had concerns the rule did not meet the legal requirements as defined in statute.”

“He reached out to the executive branch to give them opportunity to explain how it met the requirements and they did not respond,” Chaney said.

Parson issued an executive order on Aug. 1 banning what the governor’s office terms “psychoactive cannabis products” – including food and drinks – from being sold in Missouri unless from approved sources. The Missouri Department of Health and Senior Services, or DHSS, was also directed to block retail stores that hold a liquor license from selling the products.

The ban doesn’t apply to products sold by legal dispensaries regulated by the state.

Lisa Cox, a spokesperson for DHSS, said in an email that Parson’s order would not require the emergency rule that Ashcroft rejected. DHSS can still enforce the order starting on Sept. 1 — but the agency would be doing so without support from the Missouri Department of Public Safety.

Parson has framed the products as a growing public safety concern. According to the governor’s office, the number of children five and under who visited emergency rooms or were hospitalized with cannabis poisoning has increased 600% since 2018.

At a news conference to announce the rule, Department of Health and Senior Services director Paula Nickelson said the agency had seen the negative effects of unregulated products “firsthand.”

“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,” Nickelson said.

Andrew Mullins, the executive director of MoCannTrade, the state’s primary marijuana industry organization, said in a statement if Ashcroft “sincerely doesn’t believe that kids getting high from buying dangerous delta 8 products from Missouri gas and convenience stores isn’t an emergency, we would suggest he talk to law enforcement, who have long wanted these unsafe, intoxicating products banned.”

Hemp industry opposes rule

The MO Hemp Trade Association, which represents the state’s hemp industry, opposed the rule . The association said the ban would force consumers back to a black market and that it favors large corporate cannabis operations at the expense of small business owners who make up Missouri’s hemp industry.

“This heavy-handed and misguided measure threatens to dismantle an industry that has been a beacon of entrepreneurship, job creation, and innovation in Missouri,” the association said in a statement earlier this month.

Brooklyn Hill, the association’s president, touted Ashcroft’s decision on Thursday, saying he “stood up for small Missouri businesses” and “recognized the legal deficiencies” of Parson’s rule.

Hill said the hemp industry also wants “bad actors” removed from the industry but pushed back on the idea that the industry as a whole was promoting products to children.

“The narrative, you know, that the hemp industry is targeting children, is totally, completely false,” she said. “But there’s a lot of Missouri business owners and people who are really going to suffer, you know. There’s no reason to eradicate an entire industry that’s been asking for regulations for the last few months.”