Missouri’s journey to regulate hemp-derived THC products has been a rollercoaster of legislative debates, industry clashes, and consumer safety concerns. In 2025, the state made significant strides with the THC Beverage Legislation, allowing hemp-derived THC seltzers to remain on grocery and liquor store shelves. However, the same laws cracked down on hemp edibles and vapes, restricting their sale to licensed marijuana dispensaries. While this move enhances oversight for beverages, it leaves the hemp edibles industry vulnerable, raising questions about fairness, economic impact, and consumer access. This blog post dives into the nuances of Missouri’s Hemp Beverage Legislation, explores the challenges surrounding Hemp Edibles Protection, and reflects on what lies ahead for the state’s burgeoning hemp market.
A Regulatory Leap for THC Beverages
The THC Beverage Legislation passed in early 2025 marks a pivotal moment for Missouri’s hemp industry. Bills advanced through both the Missouri House (12-5 vote) and Senate (5-1 vote) in February, carving out a legal pathway for low-dose hemp-THC beverages, like Delta-8 seltzers, to be sold in retail settings outside dispensaries. These drinks, capped at 5 milligrams of THC per can, are now subject to a three-tier distribution system akin to alcohol, involving producers, distributors, and retailers. The legislation also mandates licensing through the Division of Alcohol and Tobacco Control, ensuring age restrictions (21 and up) and standardized testing for potency and contaminants.
This framework addresses a critical gap: prior to 2025, hemp-derived THC products faced no state or federal regulations preventing sales to minors or ensuring accurate labeling. A 600% surge in cannabis-related emergency room visits among children under 5 since 2018 underscored the urgency for oversight. By regulating beverages, Missouri aims to protect public health while preserving a fast-growing market. In 2024, the U.S. hemp-derived cannabinoid market was valued at $2.8 billion, with beverages like THC seltzers driving much of that growth. Missouri’s decision to keep these products accessible reflects a pragmatic balance between safety and economic opportunity.
The Plight of Hemp Edibles
While beverages gained a lifeline, the same legislation dealt a blow to hemp edibles and vapes. The Hemp Beverage Legislation explicitly bans these products from being sold outside licensed marijuana dispensaries, effectively placing them under the same regulatory umbrella as marijuana. This decision stems from concerns about deceptive packaging—think Delta-8 gummies mimicking Skittles—that could appeal to children. State Representative Chad Perkins highlighted this issue, noting that unregulated edibles pose a public health risk due to inconsistent potency and lack of testing.
However, the blanket restriction on edibles has sparked fierce opposition. The Missouri Hemp Trade Association argues that the ban unfairly targets legitimate businesses that self-regulate, testing products and enforcing age limits. In 2024, the state’s hemp industry supported thousands of jobs and generated an estimated $300 million in economic impact. By forcing edibles into dispensaries, where marijuana regulations prohibit the chemical conversion process used to produce most hemp-derived THC, the legislation could eliminate up to 90% of current products, according to Amy Moore, director of the Missouri Division of Cannabis Regulation. This move risks crippling small businesses and stifling innovation in a sector that caters to consumers seeking alternatives to alcohol or pharmaceuticals.
The Economic and Social Stakes
The tension between the marijuana and hemp industries lies at the heart of Missouri’s regulatory saga. The Missouri Cannabis Trade Association, a key backer of the THC Beverage Legislation, has pushed for hemp products to fall under the state’s marijuana framework, citing the need for consistent standards. Critics, including State Senator Karla May, argue this creates a “marijuana monopoly,” as dispensary licenses are limited and heavily regulated. In 2023, Missouri’s recreational marijuana market generated $1.3 billion in sales, dwarfing the hemp sector. By restricting edibles to dispensaries, the state may inadvertently funnel profits to marijuana giants while sidelining smaller hemp producers.
Consumers also face challenges. Hemp edibles, often used for pain relief or anxiety, can contain up to 100 milligrams of THC per serving for medicinal purposes, far exceeding the 5-milligram cap on beverages. Restricting these products to dispensaries limits access for rural residents, who may live far from the state’s 200+ licensed dispensaries. Moreover, the higher costs associated with dispensary sales—due to taxes and compliance—could price out low-income consumers, undermining the affordability that made hemp products appealing.
Governor Parson’s Controversial Ban
The push for regulation didn’t start smoothly. In August 2024, Governor Mike Parson issued Executive Order 24-10, banning all intoxicating hemp products, including beverages and edibles, unless sourced from FDA-approved or state-regulated channels. Parson cited a 41% rate of Delta-8 exposures among children under 12, as reported by America’s Poison Control Center, and pointed to candy-like edibles as a public health threat. The Missouri Hemp Trade Association swiftly filed a lawsuit, arguing the ban overstepped legal boundaries, as state law explicitly protects hemp products from being deemed “adulterated.”
The ban’s enforcement was delayed after Secretary of State Jay Ashcroft rejected emergency rules, pushing the timeline back by at least six months. This reprieve gave lawmakers time to craft the Hemp Beverage Legislation, but it also highlighted the chaos of regulating a rapidly evolving industry without clear federal guidance. The 2018 Farm Bill legalized hemp with less than 0.3% THC, but its silence on intoxicating derivatives like Delta-8 has left states scrambling. Missouri’s experience underscores the need for a cohesive national framework to balance innovation with safety.
The Case for Hemp Edibles Protection
The exclusion of edibles from Missouri’s retail market calls for a reevaluation of Hemp Edibles Protection. Rather than a blanket ban, advocates propose a separate regulatory system for edibles, mirroring the beverage model. This could involve licensing through the Department of Health and Senior Services, mandatory lab testing, and child-resistant packaging. Such measures would address safety concerns without dismantling an industry that supports local economies and consumer choice.
Data from other states offers a blueprint. Colorado, for instance, regulates hemp-derived THC products with strict labeling and potency limits, allowing sales in retail settings while maintaining dispensary oversight for marijuana. In 2024, Colorado’s hemp market contributed $500 million to its economy without compromising public safety. Missouri could adopt similar standards, setting THC caps for edibles (e.g., 10 milligrams per serving) and requiring clear warnings to deter underage use. This approach would preserve the economic benefits of hemp while aligning with the state’s commitment to consumer protection.
Looking Ahead: A Balanced Future
Missouri’s THC Beverage Legislation is a commendable step toward regulating a complex industry, but its neglect of Hemp Edibles Protection leaves a gap that demands attention. The state stands at a crossroads: it can either double down on restrictive policies, risking economic losses and consumer discontent, or embrace a nuanced framework that supports both safety and innovation. As the hemp market continues to grow—projected to reach $5.7 billion nationally by 2028—Missouri has an opportunity to lead by example.
Lawmakers should prioritize dialogue with hemp producers, retailers, and consumers to craft policies that reflect the industry’s realities. By extending protections to edibles, Missouri can foster a thriving, equitable market that safeguards public health without sacrificing economic vitality. The path forward requires boldness, collaboration, and a commitment to fairness—a challenge Missouri is well-equipped to meet.
Reference:
- Harlow, A., Leventhal, A., & Barrington‐Trimis, J. (2022). Closing the loophole on hemp-derived cannabis products. Jama, 328(20), 2007. https://doi.org/10.1001/jama.2022.20620
- Hernandez, B. and Manzar, S. (2022). Disguised marijuana edibles as a public health concern in pediatrics. Journal of Comprehensive Pediatrics, 13(4). https://doi.org/10.5812/compreped-130088
- Oyen, A., Perlman, E., & Su, M. (2022). The continued rise of unintentional ingestion of edible cannabis in toddlers—a growing public health concern. Jama Pediatrics, 176(11), 1068. https://doi.org/10.1001/jamapediatrics.2022.3530
