(The Center Square) – Missouri residents can continue to purchase foods, beverages and supplements containing hemp compounds amid conflicts surrounding a federal order halting sales.
Republican Secretary of State Jay Ashcroft announced Tuesday that he had rejected an emergency management order submitted by the Department of Alcohol and Tobacco Control. Republican Gov. Mike Parson announced an executive order on Aug. 1 directing the department to “amend its regulations to prohibit the sale of unregulated psychoactive cannabis products on the premises of an alcohol-licensed establishment.”
In a press release, Ashcroft’s office said he rejected the bill because the executive branch failed to provide the justification required by state law.
“The requirements for such an appointment are set out in law and I have a responsibility and duty to comply with the law,” Ashcroft said in a statement.
Missouri law requires regulations to be reviewed by the Secretary of State to determine compliance with publication and adoption requirements.
“…if the Secretary of State determines that the proposed material does not meet these requirements, the Secretary of State shall not publish the rule,” says Chapter 536.025 of the Missouri Revised Statutes. “The Secretary of State shall notify the agency of his decision and shall provide the agency with an opportunity to either withdraw the rule or publish it as a proposed rule.”
Ashcroft’s office said the Division of Alcohol and Tobacco Control filed an administrative rule on Aug. 16. The rule will now go through the normal legislative process, including publication in the October Missouri Register and a public comment period.
On August 22, Parson wrote a letter to Ashcroft expressing his deep disappointment over the rejection of the emergency order. Parson called Ashcroft’s actions “retaliation for my support of another candidate” in the August 6 Republican primary for governor.
Lieutenant Governor Mike Kehoe, who was endorsed by Parson, won the election with 39% of the vote, 16 percentage points ahead of Ashcroft. In response to Parson’s letter, a spokesman for Ashcroft said the only reason for rejecting the order was that it did not meet state legal requirements.
Parson stressed that the legislation is necessary to protect the health and safety of Missourians, especially children. In April, the Department of Health issued a health alert about the potential risks associated with consuming intoxicating cannabinoids derived from hemp.
“It is extremely concerning how easily these products are available to the public, especially our youth,” said Paula F. Nickelson, director of the Department of Health and Senior Services, in a statement announcing the warning. “There is no way for consumers to know exactly what is in the product they are consuming and how intoxicating it may be.”
