The order, effective September 1, 2024, directs the Missouri Department of Health and Senior Services (DHSS) to classify foods containing these substances as unapproved and adulterated.

Addressing unregulated cannabis products

The executive order highlights the lack of safety standards and packaging requirements for various psychoactive cannabis compounds, including delta-8 THC, delta-10 THC, hexahydrocannabinol (HHC), tetrahydrocannabinol (THC-O), tetrahydrocannabiphoral (THCP), and tetrahydrocannabivarin (THCV). Governor Parson emphasized the health risks posed by these unregulated products, particularly for children.

“Numerous Missourians have been negatively impacted by the consumption of foods with unregulated psychoactive cannabis products added to them,” the order states, noting incidents of hospitalizations among children who consumed these substances.

Regulatory actions and responsibilities

Under Chapter 196 of the Missouri Revised Statutes (RSMo), the DHSS is responsible for protecting public health concerning food safety. The order instructs the DHSS to align its regulations with federal standards, specifically those of the U.S. Food and Drug Administration (FDA), which requires premarket approval for food additives. Currently, no psychoactive cannabis products have received FDA approval as food additives, rendering any food containing these substances as adulterated.

The executive order further empowers the DHSS to embargo and condemn foods containing unregulated psychoactive cannabis products under Sections 196.070 and 196.085, RSMo. These measures exclude products regulated by the Division of Cannabis Regulation, provided all psychoactive cannabinoids are sourced from licensed establishments under Article XIV of the Missouri Constitution.

Implications for liquor-licensed premises

The Missouri Division of Alcohol and Tobacco Control is also directed to amend its regulations to prohibit the sale of unregulated psychoactive cannabis products on liquor-licensed premises. This amendment aims to ensure a safe environment for Missouri citizens by eliminating the sale of potentially harmful substances in establishments that serve alcohol.

Public awareness and implementation

Governor Parson has tasked the DHSS with producing and distributing information on how these new regulations will be enforced. This initiative is crucial to inform the public and stakeholders about the changes and their implications for food safety in Missouri.

The executive order marks a significant step towards regulating the consumption of psychoactive cannabis products in Missouri, aiming to protect public health and safety, especially among vulnerable populations such as children.

The full text of Executive Order 24-10 can be seen below.