The State of Hemp-Derived THC Beverages in MO: Here’s What We Know

Aug 20th 2024

The State of Hemp-Derived THC Beverages in MO: Here’s What We Know

September 18, 2024 Update: 

Good news again! Yesterday, the Missouri Department of Health and Human Services (DHSS) clarified that their enforcement efforts regarding Governor Mike Parson’s executive order banning hemp-derived THC edibles and beverages will be focused on "misbranded" products only; additionally, a letter from DHSS also states they have "no intention at this time to embargo additional psychoactive cannabis products as adulterated.” All this to say, our federally-legal hemp-derived THC beverages will now be returning to retail shelves in Missouri!

More information is available here:

  • "‘Hemp sales are back on’: Missouri regulators pare down ban on intoxicating hemp products" - Missouri Independent
  • "Missouri Health Department will no longer embargo certain THC products following Parson’s ban" - First Alert 4
  • "Missouri Health Department halts embargoing hemp-derived cannabinoid products as ‘adulterated’" - Cannabis Business Times
  • "The Show-Me State just showed up – hemp sales are back in Missouri!" - US Hemp Roundtable

We appreciate you continuing to support our brand by choosing Mighty Kind at your favorite stores, bars, and restaurants - and no matter what other bumps arise in the ongoing debate over hemp-derived THC, you can always order online and have Mighty Kind delivered right to your doorstep! Cheerz!

September 10, 2024 Update: 

Last Friday, we were made aware that the Missouri Department of Health and Senior Services (DHSS) began embargoing hemp-derived THC products offered for sale at Missouri retail locations, including Mighty Kind products. We immediately contacted our valued Missouri retailers, who have voluntarily removed our THC products from their shelves. 

While we are again disappointed in DHSS's actions, we eagerly await a court decision in "Missouri Hemp Trade Association vs Dept of Health & Senior Services" this week as the association's recently-filed lawsuit seeks an injunction to stop DHSS from embargoing products with intoxicating hemp-derived cannabinoids.

As always, we encourage you to read the articles linked below for more information:

  • "Missouri hemp association sues state over intoxicating product ban" - Green Market Report
  • "Missouri Hemp Trade Association suing state over governor's intoxicating product ban" - Cannabis Business Times
  • "Missouri regulators visit nearly 50 stores to inspect for intoxicating hemp edibles" - Missouri Independent
  • "Parson creates task force to snuff out hemp-derived THC" - ABC 17 News
  • "Missouri Governor creates task force to combat unregulated cannabis" - Greenway Magazine

August 30th, 2024 Update:

Yesterday, the Missouri Department of Health and Senior Services (DHSS) issued a news release indicating they will "take steps to embargo and condemn" psychoactive hemp-derived cannabis products under the governor's Executive Order issued on August 1st - despite the Secretary of State's rejection of the "emergency rule" that would allow this action. 

We are extremely disappointed that DHSS would take this action, but we're pleased that the Missouri Hemp Trade Association plans to file a lawsuit today to stop the governor’s ban on all intoxicating hemp food and drinks from taking effect this Sunday, September 1st - and we fully support this legal action. To learn more about this ongoing issue, we encourage you to read the articles linked below this update:

  • "Missouri officials move to embargo and destroy unregulated hemp THC products" - St. Louis Post Dispatch
  • "Missouri to start enforcement of intoxicating cannabinoids Sept. 1, despite executive feud" - Cannabis Business Times
  • "Missouri hemp leaders file suit to halt governor's ban on hemp THC products" - Missouri Independent
  • "Missouri governor accepts marijuana sector PAC contribution, then attempts to ban all hemp derivatives: Tales from the front lines of the hemp v. marijuana conflict" - Forbes
  • "Missouri does the hokey pokey on hemp ban" - Green Market Report

August 22nd, 2024 Update: 

Exciting news! Mighty Kind has learned that the "emergency rule" contained in Governor Parson's Executive Order to outlaw federally authorized and lawful hemp-derived food and beverage products effective September 1 was not approved by the Missouri Secretary of State because it does not meet the emergency rule criteria detailed in state law section 536.025, RSMo. This is great news for Mighty Kind and the hemp industry!

Governor Parson's Executive Order also contained a "proposed rule" about this issue, which will be published on October 1. This proposed rule must go through the normal rulemaking process (including a public comment period, possible hearings, etc), which generally takes several months or longer so it remains business as usual at Mighty Kind! To learn more about this update, we encourage you to read the linked articles below, and we thank you for your continued support!

  • "Ban on Missouri hemp-THC products delayed in dust up between governor, secretary of state" - Missouri Independent
  • "Missouri governor urges state secretary to reconsider emergency rules to ban intoxicating hemp products" - Cannabis Business Times
  • "Ashcroft rejects Missouri governor’s emergency hemp rules for second time" - St. Louis Post Dispatch

Original Post:

On August 1, 2024, Missouri’s governor, Mike Parsons, issued Executive Order 24-10, prohibiting the sale of unregulated psychoactive hemp-derived cannabis products in Missouri. According to an accompanying press release from the governor’s office, they mean:

  • foods containing psychoactive cannabis compounds, like Mighty Kind’s hemp-derived delta-9 THC seltzers, cannot be sold in Missouri unless from an “approved source;”
  • neither the Food and Drug Administration nor the State of Missouri recognize any "approved sources” at this time;
  • psychoactive cannabis products like Mighty Kind seltzers cannot be sold at retail establishments holding a liquor license; and
  • any liquor license may be subject to discipline if psychoactive cannabis products are sold at their establishment.

What are hemp-derived beverages?

Let’s start with the basics. Hemp is a variety of the Cannabis sativa L. plant. It contains a large amount of CBD, a nonpsychoactive compound known for its calming effects, and a much smaller amount of naturally occurring THC, a psychoactive compound that provides the feeling associated with “being high.” This CBD and THC can be added to food and beverage products, like our seltzers.

How can hemp-derived delta-9 THC beverages be sold outside of a marijuana dispensary?

In December 2018, the US Congress passed and the then President signed the Agriculture Improvement Act of 2018, also known as the 2018 Farm Bill. This bill included a provision removing low-level hemp-derived THC (defined as a THC concentration of not more than 0.3% by dry weight) from the Controlled Substances Act, thereby legalizing hemp and products derived from it.

All Mighty Kind hemp-derived delta-9 THC beverages comply with the federal legal limit. Our beverages containing delta-9 THC are also tested and clearly labeled as such, and they include multiple warnings to alert consumers to the psychoactive effects. For example, here is the label for our hemp-derived Heady Lemon delta-9 THC seltzer:

What would a ban on hemp-derived THC beverages mean for Mighty Kind?

It’s business as usual for now. Since the rules that dictate how this ban will be enforced are still being written at the time of this post, we don’t have all the answers yet. We know that this order is slated to go into effect on September 1, 2024, and we will share updates with the latest information as it becomes available.

Mighty Kind hemp-derived delta-9 THC beverages are available to purchase through our online shop, or by visiting over 700 convenience, grocery, and liquor stores, bars, and restaurants across the country.

If the proposed order takes effect on September 1, our hemp-derived delta-9 THC beverages may no longer be available at some locations here in Missouri (our hometown). Additionally, Mighty Kind may no longer be able to produce these beverages here in Missouri.

What Missouri businesses are affected by the proposed ban?

The Missouri Department of Health and Senior Services estimates that 9,000 retailers statewide currently sell hemp-derived food and beverage products, and this number doesn’t include the numerous small businesses that make these products and the hemp farmers who grow the source material. Many Missourians will be affected if the proposed order takes effect.

If the ban goes into effect, can I still buy Mighty Kind hemp-derived THC beverages from your online store?

Yes, online ordering will continue to be available and is not affected by the Governor’s Executive Order. You can check out our entire family of products on our online store.

Does Mighty Kind support legislation to regulate psychoactive hemp products?

Yes. We welcome legislation to put age limitations in place, along with testing and labeling requirements. We are already leading in this area and provide clear and concise labels (as shown above) and test results for every batch we make to ensure we comply with the legal limits defined in the 2018 Farm Bill. You can view current test results for all our products here.

Where can I learn more about this issue?

Here are some of the most current articles we recommend for additional information about the potential Executive Order ban on hemp-derived THC beverages in Missouri:

Additionally, the State of Missouri has issued FAQs about Executive Order 24-10; these can be read here.

How can I take action?

Speak up and voice your support! Contact your local and state legislators and urge them to ask Governor Parsons to revoke his Executive Order; you can also reach out to the Governor’s Office here. Additionally, please continue to support your local hemp-focused businesses!

In Conclusion

We feel Governor Parson's executive order to ban psychoactive, federally-protected hemp products in Missouri is an overreach of power. Mighty Kind supports legislation that targets “bad” actors while allowing responsible businesses like ours to continue thriving and contributing to Missouri's hemp industry and economy.

As the situation evolves, we’ll update this post so check back soon. If you have any questions for the Mighty Kind team, please send us a message through our Contact Us page. In the meantime, pick up your favorite can of Mighty Kind - order online or at a store near you - and thank you!