Governor Parson Announces Executive Order 24-10, Prohibiting Sale of Unregulate…

AUGUST 1, 2024

Jefferson City- Today, during a press conference at the State Capitol, Governor Parson announced that he has issued Executive Order 24-10, which prohibits the sale of foods containing psychoactive cannabis compounds in the State of Missouri, unless originating from an "approved source." The Department of Health and Senior Services (DHSS) will take steps to embargo and condemn these products. The order also prohibits psychoactive cannabis products from being sold at retail establishments holding a liquor license.

Governor Parson was joined by Attorney General Andrew Bailey, DHSS Director Paula Nickelson, Department of Public Safety Director Sandy Karsten, and Division of Alcohol and Tobacco Control (ATC) Supervisor Mike Leara during the press conference.

"Today, we are announcing new actions to combat the spread of unregulated psychoactive cannabis products that put the health of Missourians at risk," Governor Parson said. "This Executive Order effectively bans the sale of these potentially harmful products in Missouri until such time approved sources can be regulated by the FDA or State of Missouri through legislative action. Protecting Missourians, especially the most vulnerable, our children, has been our guiding principle since the very beginning and remains so today."

"Under state law, Missourians have a right to live free from fraud and deception in the marketplace, and they have the right to know exactly what is in the products they consume," said Attorney General Bailey. "When purchasing products, Missourians have a right to know if they will be subject to serious and potentially dangerous side effects like psychotic episodes, severe confusion, hallucinations and other life-threatening problems. This is especially important when potentially dangerous products appear to be marketed directly at children. To that end, my investigation to root out any illegal activity, and to hold bad actors accountable, is ongoing. As Attorney General, I will always use every tool at my disposal to halt the sale of dangerous, illicit products that harm Missouri consumers, especially children."

Governor Parson's action comes in response to a recent increase in availability of products containing psychoactive cannabis and the emerging concerns regarding the health effects of these substances, especially among Missouri's youth. In Missouri, there has been a 600 percent increase in the number of children 5 and under experiencing cannabis poisoning that resulted in Emergency Room visits or hospitalizations since 2018. Additionally, America's Poison Control Center has documented that 41 percent of exposures of Delta 8, an unregulated intoxicating hemp product, are occurring in children 12 and younger.

These intoxicating compounds are currently untested in humans, unregulated, and sold to the public without restriction. Due to lack of regulatory oversight, these products are marketed aggressively and assertively in eye-catching ways to attract public consumption, particularly that of young consumers. Often times, products resemble that of brand name foods and candies, like LIFE SAVERS. Photo examples can be found here.

Consumption of psychoactive cannabis products puts individuals at risk for poisoning, unintended intoxication, contaminants and byproduct effects on the body, impaired driving, and more.

Executive Order 24-10 prohibits psychoactive cannabis products from being sold in Missouri unless originating from an "approved source." Currently, neither the Food and Drug Administration nor the State of Missouri recognize any "approved sources," effectively prohibiting these products from being sold in Missouri until such time the FDA or Missouri General Assembly provide the necessary regulatory framework to recognize "approved sources."

As an enforcement mechanism of this order, any liquor license will be subject to discipline by the Missouri ATC if such psychoactive cannabinoid products are sold within the licensed facility.

Executive Order 24-10 does not apply to products under the control or purview of the Division of Cannabis Regulation pursuant to Article XIV of the Missouri Constitution and sold by establishments licensed pursuant to Article XIV of the Missouri Constitution.

"We have seen the negative impacts of unregulated psychoactive cannabis products firsthand," Department of Health and Senior Services Director Paula F. Nickelson said. "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."

"As a former state trooper, I worked far too many fatality crashes that resulted from the misuse of regulated intoxicating products," Department of Public Safety Director Sandy Karsten said. "But unregulated psychoactive cannabis products are untested and sold without any restrictions whatsoever. Law enforcement is encountering this new and often dangerous products and its consequences. Governor Parson's Executive Order provides a means to control these products and that is exactly what we will be doing."

"The Division of Alcohol and Tobacco Control has jurisdiction over about 17,000 locations with liquor licenses across the state, and our team stands ready to enforce regulations to protect against these unregulated psychoactive cannabis products in these locations," Division of Alcohol and Tobacco Control State Supervisor Mike Leara said. "We have a long history of regulating intoxicating products, including related to ingredients, origin, labeling and age restrictions, and will bring this experience to this critical issue."

For a Frequently Asked Questions (FAQ) document regarding today's actions and psychoactive cannabinoids in Missouri, please see the attachment. This information, as well as an online form for reporting unregulated product sightings, is also available at health.mo.gov/report.

To view Executive Order 24-10, click here. To view a recent DHSS' Health Advisory regarding the consumption of psychoactive cannabinoids, click here.

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