Missouri Republican fight stalls order stopping sales of food with Delta-8 THC

(The Center Square) – Missouri Republican Gov. Mike Parson expressed “extreme disappointment” in a letter to Republican Secretary of State Jay Ashcroft for not approving an executive order to stop sales of food products with psychoactive cannabis.

Parson issued Executive Order 24-10 on Aug. 1 during a news conference in his office at the state capitol, citing a 600% increase in cannabis poisoning resulting in an emergency room visit or hospitalization of children age 5 and under since 2018. The products Parson wanted off the consumer market are often marketed with packaging resembling brand-name foods and candies to entice public consumption, especially with young consumers.

The U.S. Food and Drug Administration consistently warned consumers Delta-8 THC products hadn’t been evaluated or approved for safe use in any context. A report by the Missouri Department of Health and Senior Services found cannabis poisoning in children age 5 and under requiring hospitalization or an emergency room visit almost doubled in 2021, the first full year of legalized medical marijuana in the state.

On Thursday, Parson wrote it appeared Ashcroft was retaliating for not endorsing him in the Republican primary for governor. Ashcroft finished 16 points behind nominee Lt. Gov. Mike Kehoe, who was endorsed by Parson and received 39% of the votes.

“As best I can tell, you denied this emergency rulemaking because you believe hurt feelings are more important than protecting children,” Parson wrote in his letter. “This is a personal matter for thousands of parents and grandparents across the state and denying this rulemaking is your attempt at retribution for my endorsement of another candidate. Safety of kids is not a political issue. I am disgusted that you are making in one.

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In his executive order, Parson referenced the Missouri statute regarding “adulterated” foods as having “any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this subdivision if the quantity of such substance in such food does not ordinarily render it injurious to health;…”

Ashcroft’s office stated action wasn’t personal.

“Secretary Ashcroft had concerns the rule did not meet the legal requirements as defined in statute,” JoDonn Chaney, as spokesperson for Ashcroft, said in an email to The Center Square. “He reached out to the executive branch to give them opportunity to explain how it met the requirements and they did not respond.”

The Department of Public Safety’s division of Alcohol and Tobacco Control must now submit a proposed rule, according to Parson’s letter, which will delay implementation by approximately six months.

“You have not provided any other reason why you do not believe this rule follows the statutory requirements for publication beyond simply stating it does not,” Parson wrote. “There is no principled reason why this emergency rulemaking cannot proceed.”

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