“We have to make sure we don’t have unintended consequences, and destroy things that don’t need to be destroyed.”
By Rebecca Rivas, Missouri Independent
A push for Missouri’s immediate approval of planned federal limits on intoxicating hemp products emerged Wednesday in the state Senate, with critics urging any changes to wait until national regulations take effect in November.
Democratic state Sen. Karla May of St. Louis led the two-hour filibuster invoice that would immediately ban hemp-derived THC beverages and edibles as soon as the legislation is passed and becomes law.
May argued in a Senate debate on Wednesday that the federal limits will be changed before they are implemented later this year. Congress passed a provision to ban these products as part of the federal spending package last year.
offered one correction which would align the Senate bill with a the proposal Sponsored by Republican state Rep. Dave Hinman of O’Fallon, Missouri would be allowed to sell the products nationwide if Congress allows it.
Hinman’s bill has cleared a House committee and is ready for debate by the full chamber.
“When Congress voted on this whole thing, this was literally reopening the government,” May said. “I mean, this wasn’t even a thoughtful conversation.”
The bill debated Wednesday afternoon, sponsored by Republican state Sen. David Gregory Chesterfield, would prohibit hemp products from containing more than 0.4 milligrams of THC per container and from having a THC concentration of no more than 0.3 percent by dry weight, delta-9 THC. These reflect federal boundaries.
Intoxicating hemp products containing as much as 1,000 mg of THC are being sold in smoke shops—outside of licensed marijuana dispensaries in Missouri—and are not regulated by any government agency. Missouri lawmakers have not passed legislation regulating these products since 2023.
Gregory has argued that his bill and the federal provision close loopholes left in the 2018 Farm Bill when Congress legalized hemp.
“My bill continues the intent of Congress three months ago, and of course our great people in Missouri,” Gregory said, “which is that if you get drunk from the cannabis plant, it’s marijuana and it should be heavily regulated under these specific rules.”
May has been a consistent critic of attempts to ban intoxicating hemp products outright, arguing that they should be regulated.
May said the amendment she offered to Gregory’s bill Wednesday was a “good compromise” because it would still align state and federal lines if Congress rewrites the federal boundaries.
“It’s not about removing your tongue,” May told Gregory. “And if (Congress) does nothing, your language will be the law of the land of Missouri.”
Gregory said his amendment went “a little too far” for him because Missouri would do “what the feds tell us.” He said these products urgently need to be regulated to protect children.
After more than two hours of debate, the Senate was forced to adjourn when it failed to get enough lawmakers from the chamber to form a quorum.
State officials estimated in 2024 that 40,000 food establishments and smoke shops and 1,800 food manufacturers were selling products that would be banned under the proposed federal regulations. This includes low-THC seltzers such as Mighty Kind and Triple, which have grown in popularity in liquor stores and bars.
May said lawmakers should consider those businesses when making decisions.
“It’s a complicated situation,” May said. “And I think we need to make sure we don’t have unintended consequences, and destroy things that don’t need to be destroyed.”
Hinman told The Independent Thursday that he spent about 20 hours this week working on his bill, so he expected it wouldn’t face the same hurdles Gregory faced during a full-house debate.
“There’s so much involved in this,” Hinman said, “and trying to legalize that is very difficult.”
He said there are three potential scenarios that could play out before November, when the federal limits go into effect.
The feds can continue with the current limits, he said, which “puts all hemp businesses out of business.” Congress could redefine what constitutes hemp and change the limit of 0.4 milligrams of THC per container to allow low-THC drinks and edibles.
“So in that case, we’re looking at what would happen if we changed that piece of the puzzle,” he said.
The third option is if Congress approves a two-year extension, he said, and “go for it.” That would mean Missouri would have to put some sort of regulation in place in the meantime, he said.
“We’re trying to write legislation that would effectively cover those three things,” he said, “So we’re trying to achieve the goal of making these hard negotiations successful for everyone in this market, if federal law is possible.”
This story was first published by the Missouri Independent.