Missourians who enjoy getting a little buzzed on cannabinoid-infused drinks and edibles will have far fewer places to buy them if an executive order signed by Governor Mike Parson takes effect next month.
Last Thursday, Parson banned the sale of cannabinoid-infused food and beverages anywhere in the state other than licensed dispensaries. He said the action was needed because of an increase in children under five being admitted to the hospital after ingesting the products, some of which come in packaging similar to candy. The executive order is set to take effect September 1.
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Courtney Curtis, the executive director of the Missouri Hemp Trade Association, calls Parson’s move an “overreach and overreaction.”
“It’s completely possible to protect kids and to allow businesses that have been operating for three years to keep operating,” says Curtis.
He says efforts to ban cannabinoid sales outside of licensed dispensaries has been a goal of the Missouri Cannabis Trade Association, an industry group that represents dispensaries and others in the weed business, with the goal of stifling competition. On Friday, the association tweeted on X applauding Parson’s move.
“I think it is an obvious market grab,” agrees Joshua “Loyal” Grigaitis, the founder of Mighty Kind Company, which makes and distributes alcohol-free beverages infused with hemp-derived cannabis.
Even as Missouri voters legalized marijuana in 2022, the state has in recent years seen a proliferation of products not protected by that constitutional amendment. The cannabinoid-infused products are sold on the shelves of local gas stations, head shops and corner stores, as well as the menus of bars and restaurants. The two most common cannabinoids are Delta-8 and Delta-9. Both have intoxicating effects, though Delta-8 is generally much milder. Delta-9 is typically referred to as THC, the psychoactive chemical in marijuana that gets users high.
Parson’s order specifically mentions Delta-8, but not Delta-9. However, both Curtis and Grigaitis say that it’s their understanding that when the order references “other similar compounds,” it is banning the sale of Delta-9 everywhere in the state except the licensed dispensaries, too.
At bars and concert venues, the popularity of drinks infused with Delta-8 and Delta-9 has grown as more and more people opt to enjoy nightlife sans alcohol.
“We hear every day how much these drinks are helping people who want to stop drinking, but still want to hang out, want to see live music, hang out by the campfire,” says Grigaitis. Grigaitis also is the co-owner of Pop’s Blue Moon on the Hill, where he says Delta-8, Delta-9 and other beverages infused with hemp-derived cannabis comprise about 20 percent of the business.
Danni Eickenhorst says that Delta-8 and Delta-9 drinks have become staples for her business. Eickenhorst is the CEO of HUSTL Hospitality Group, which owns Steve’s Hot Dogs, the Fountain on Locust and more. “They provide a similar way to relax and unwind without hangovers or negative side effects the next morning,” she says.
The St. Louis-based company CBD Kratom also condemned the executive order. Founded in 2016, CBD Kratom operates more than 60 stores in Missouri, Texas, New York and Pennsylvania. The company’s statement said Parson’s move last week “attempts to monopolize where specific products can be sold.”
The statement blasted the governor’s actions further, saying that if he was really concerned about keeping the products out of the hands of children, the state could enforce pre-existing laws related to trademark infringement. (In theory, that would stop manufacturers of Delta-8 and Delta-9 infused gummies from branding them as “Life Savers” or “Fruity Pebbles,” leading children to accidentally consume the products.) The company’s statement said that the industry has been supportive of regulation around labeling and age restrictions.
Many close watchers of the industry on Friday expressed skepticism that Parson’s move was constitutional and, given both the legal challenges coming down the pipeline as well as the lack of a clear enforcement mechanism, they wondered aloud if it would actually come to fruition.
“Nothing happens until September 1,” says Grigaitis. “Between now and then we’ll see what happens. There’s potential for things to pan out not the way the governor is hoping.”
It was still business as usual on Friday morning at CBD Kratom in Tower Grove South, which sells a variety of Delta-8 and Delta-9 products.
“I think it’s generally a good thing to have regulation,” said Evan Farris, an employee at the store. “But at the same time it’s a bummer that it will affect the bar scene for people who don’t want to drink [alcohol].”
