Missouri is cracking down on cannabis edibles. What that means for consumers

The Missouri Department of Health and Senior Services will soon be cracking down on its enforcement of cannabis-infused edibles.

These efforts, to begin Sept. 1, follow Gov. Mike Parson’s signing of Executive Order 24-10. The order, signed Aug. 1, prohibits foods containing psychoactive cannabis from being manufactured, sold or delivered in Missouri, unless originating from an “approved source.”

“Food” includes raw, cooked or processed edible substance; ice; beverages, an ingredient used or intended for use or for sale in whole or in part for human consumption; or chewing gum.

What does Executive Order 24-10 cover?

The order does not apply to marijuana products protected under Article XIV of the Missouri Constitution, which allows for the manufacture, sale and consumption of marijuana and marijuana-infused products, approved by Missouri voters in 2023.

Rather, the order addresses unregulated products containing Delta 8, Delta 10, HHC, THC-O, THCP, THCV and other similar compounds. These products are often found at smoke and vape shops — establishments that do not operate with an approved marijuana dispensary license.

Cannabis plants contain more than 100 chemicals called cannabinoids, including Delta 8, 9 and 10. Under federal law, compounds like Delta 8 and Delta 10 are legal for consumer purchase and usage, but are not addressed in Article XIV in Missouri. Delta 9, on the other hand, is the most abundant form of THC, and when purchasing a marijuana product from an approved dispensary, it likely contains Delta 9.

More: Marijuana terms to know, now that Missouri has legalized weed

Generally, CBD, CBN, CBC and related compounds do not have a psychoactive effect. These substances are not prohibited by the executive order, according to the DHSS.

Under Executive Order 24-10, Parson directed the Missouri Division of Alcohol and Tobacco Control to file an emergency rule to amend its regulations to prohibit unregulated psychoactive cannabis products from being sold at liquor-licensed facilities. Last week, this emergency rule was rejected by the Secretary of State. However, the division is continuing to pursue rulemaking on this matter, according to a DHSS news release.

Why did Parson sign Executive Order 24-10?

According to the DHSS news release, there has been a 600% increase in the number of children five and under in Missouri who have experienced cannabis poisoning that resulted in emergency room visits or hospitalizations since 2018.

“These intoxicating products are currently untested in humans, unregulated and sold to the public without restriction,” the DHSS news release states. “Due to lack of regulatory oversight, these products are marketed aggressively and assertively in eye-catching ways to attract public consumption, particularly that of young consumers.”

The state provided examples that include cannabis-infused candies that appear to be Life Savers, Mike and Ikes, and Airheads. The packaging of the cannabis candies, for the most part, mirrors that of regular, uninfused candy packaging.

More: Missouri awards second round of marijuana microbusiness licenses, 5 in Springfield

Executive order follows national lawsuits

Companies like Mars, Inc. (Life Savers) and Just Born (Mike and Ikes) are not in the market for creating cannabis-infused treats.

In fact, in 2023, the Wrigley Company, owned by Mars, Inc., settled a lawsuit against Terphogz LLC for trademark infringement. Wrigley alleged that Terphogz, a cannabis manufacturer, had used Wrigley design assets for its Skittles-adjacent and cannabis-infused products, ZKITTLEZ.

Terphogz agreed to stop using slogans like, “Taste the Z Train” and “Taste the Strain Bro,” which Wrigley found to similar to the popularly-recognized Skittles slogan, “Taste the Rainbow,” according to Reuters. Terphogz also agreed to give up its web domain name, zskittles.com.

Wrigley’s case is just one of many. In 2022, Ferrara Candy Company, known for brands like NERDS, obtained a permanent injunction against Higharchy, LCC for trademark infringement. Higharchy, another cannabis manufacturer, was selling cannabis-infused edibles that mimicked the logo and package design of NERDS.

What should you do if you have already purchased an unregulated product or see one for sale?

Consumers who purchased an unregulated cannabis-infused edible ahead of the Aug. 1 executive order should dispose of the product. There is no legal prohibition on disposing of these products in the normal household trash. The U.S. Department of Justice also offers year-round drug disposal locations, for those interested. A searchable list of all locations is available on the DOJ website.

Consumers who spot unregulated cannabis-infused edibles for sale should report the product by virtual form on the DHHS website at stateofmissouri.wufoo.com/forms/report-a-retailer/.

Greta Cross is the trending topics reporter for the Springfield News-Leader. She has more than five years of journalism experience covering everything from Ozarks history to Springfield’s LGBTQIA+ community. Follow her on X and Instagram @gretalcross. Story idea? Email her at gcross@news-leader.com.