Missouri Restricts Sales of Cannabis Edibles: What It Means for Consumers

The Missouri Department of Health and Senior Services will soon begin stricter enforcement of regulations regarding the sale of cannabis-infused edibles.

The actions, which begin Sept. 1, follow Gov. Mike Parson’s signing of Executive Order 24-10. The order, signed Aug. 1, prohibits the production, sale or delivery of edibles containing psychoactive marijuana in Missouri unless it comes from an “approved source.”

“Food” includes raw, cooked or processed edible substances; ice; beverages, ingredients used or intended for use or sale, in whole or in part, for human consumption; and chewing gum.

What does Executive Order 24-10 concern?

The ordinance does not apply to marijuana-infused products, which are protected under Article XIV of the Missouri Constitution, which permits the production, sale and consumption of marijuana and marijuana-infused products approved by Missouri voters in 2023.

Instead, the regulation applies to unregulated products containing Delta 8, Delta 10, HHC, THC-O, THCP, THCV, and other similar compounds. These products are often available in tobacco shops and vape shops — establishments that do not operate under an approved marijuana license.

Hemp plants contain more than 100 chemicals called cannabinoids, including Delta 8, 9, and 10. Under federal law, compounds like Delta 8 and Delta 10 are legal for consumers to purchase and use, but they are not listed under Article XIV in Missouri. Delta 9, on the other hand, is the most abundant form of THC, and if you buy a marijuana product from an approved dispensary, it likely contains Delta 9.

More: Marijuana Terms You Should Know Now That Missouri Legalized Weed

Generally, CBD, CBN, CBC, and related compounds do not have psychoactive effects. These substances are not prohibited by executive order, according to DHSS.

Under Executive Order 24-10, Parson ordered the Missouri Division of Alcohol and Tobacco Control to file an emergency rule to amend the regulations to prohibit the sale of unregulated psychoactive cannabis products at licensed alcohol outlets. That emergency rule was rejected by the Secretary of State last week. However, the division is still working to regulate the issue, according to a DHSS news release.

Why did Parson sign Executive Order 24-10?

According to a DHSS news release, since 2018, there has been a 600% increase in the number of children under the age of five in Missouri experiencing marijuana poisoning that required an emergency room visit or hospitalization.

“These intoxicating products are currently untested on humans, unregulated, and sold to the public without restriction,” the DHSS press release reads. “Due to the lack of regulatory oversight, these products are aggressively and assertively advertised in an eye-catching manner to attract public consumption, especially young consumers.”

The state provided examples that include cannabis-infused candies that appear to be Life Savers, Mike and Ikes and Airheads. The packaging of the cannabis-infused candies largely mirrors that of regular, uninfused candies.

More: Missouri awards second round of micro-business marijuana licenses, 5 in Springfield

The implementing regulation follows legal proceedings at national level

Companies like Mars, Inc. (Life Savers) and Just Born (Mike and Ikes) are not in the business of producing hemp-infused treats.

In fact, in 2023, the Wrigley Company, owned by Mars, Inc., settled a trademark infringement lawsuit against Terphogz LLC. Wrigley alleged that Terphogz, a cannabis producer, used Wrigley’s design assets for its Skittles-adjacent and cannabis-infused products, ZKITTLEZ.

Terphogz agreed to stop using slogans such as “Taste the Z Train” and “Taste the Strain, Bro,” which Reuters reported Wrigley as similar to the popular Skittles slogan “Taste the Rainbow.” Terphogz also agreed to give up his Internet domain name, zskittles.com.

Wrigley’s case is just one of many. In 2022, Ferrara Candy Company, known for brands like NERDS, obtained a permanent injunction against Higharchy, LLC for trademark infringement. Higharchy, another cannabis producer, sold cannabis-infused edibles that mimicked the NERDS logo and packaging design.

What should you do if you have already purchased a non-regulated product or see one for sale?

Consumers who purchased unregulated cannabis-infused edibles before the Aug. 1 executive order should dispose of the product. There is no legal prohibition against throwing these products away in regular household trash. The U.S. Department of Justice also offers year-round drug disposal sites for those interested. A searchable list of all locations is available on the DOJ website.

Consumers who find unregulated cannabis-infused edibles for sale should report the product using a virtual form on the DHHS website at stateofmissouri.wufoo.com/forms/report-a-retailer/.

Greta Cross is a trends reporter for the Springfield News-Leader. She has more than five years of journalism experience, covering everything from Ozarks history to Springfield’s LGBTQIA+ community. Follow her on X and Instagram @gretalcross. Have an idea for a story? Email her at [email protected].

This article originally appeared in the Springfield News-Leader: Missouri DHSS to take action as new law restricts sales of cannabis edibles