Governor Parson’s Executive Order and DHSS Overreach
On August 1, 2024, Governor Michael L. Parson issued Executive Order 24-10, directing the Missouri Department of Health and Senior Services (DHSS) to regulate foods containing unregulated psychoactive cannabis compounds, such as delta-8 and delta-10 THC, under Missouri's Food Code and FDA standards. Citing various state statutes, including Sections 196.045, 196.070, and 196.085 of the Revised Statutes of Missouri, the order mandates that these products be classified as adulterated and unapproved food additives, posing a risk to public health, particularly children. Additionally, the order instructs the Missouri Division of Alcohol and Tobacco Control to prohibit the sale of such products in liquor-licensed establishments, reinforcing the state's commitment to consumer safety.
However, a closer examination of Governor Parson’s Executive Order 24-10, reveals significant legal concerns under both Missouri law and the state constitution. Article I, Section 35 of the Missouri Constitution protects the cultivation and processing of industrial hemp as part of the right to farm. This protection extends to farmers engaged in legal agricultural practices, including the production of industrial hemp. Such broad classifications, particularly concerning psychoactive cannabinoids like delta-8 and delta-10 THC derived from hemp, directly contradict these constitutional protections.
Furthermore, the executive order conflicts with RSMo 196.070.2, which clearly states that "a food shall not be considered adulterated solely for containing industrial hemp, or an industrial hemp commodity or product." In addition, RSMo 195.010 differentiates between "illegal industrial hemp"—hemp containing more than 0.3% delta-9 THC—and legal industrial hemp, which has concentrations of 0.3% delta-9 THC or less. By ignoring these legal distinctions, the executive order contradicts both statutory law and constitutional protections. This has prompted the Missouri Hemp Trade Association to challenge the legality of the order, seeking a temporary restraining order (TRO) to halt enforcement actions by DHSS.
Raids and Intimidation: Destroying Legal Products
In a series of aggressive moves, DHSS has raided 74 stores, forcing the destruction of legally compliant hemp products. These actions have been carried out without court orders or Missouri-specific hemp regulations backing them. Since Missouri handed over its hemp program to the USDA in 2022, the enforcement is based on outdated assumptions rather than legal standing. DHSS agents have used intimidation to compel business owners into compliance, even when their products are protected by federal law. As Lisa Cox, spokesperson for DHSS, recently told the Missouri Independent, “Four facilities have refused to embargo or discard products, the remaining facilities agreed to embargo and/or discard products. At this time, we have taken no court action.”
By embargoing and destroying hemp products, DHSS agents are putting themselves at significant risk of losing qualified immunity protections. Missouri law, under Revised Statutes 196.070.2, clearly states that food containing industrial hemp cannot be considered adulterated solely for containing hemp. By enforcing actions that violate this established statute, DHSS agents are actively breaking the law. Consequently, they not only violate legal protections but also open themselves to personal liability. Since the law is clear, agents enforcing these embargoes and destructions are at significant risk of losing the protections qualified immunity typically provides. The recent raid on VFW Post 2661 exemplifies how understanding legal rights can make a significant difference in such situations.
The VFW Raid: Where’s the Protection for Children?
One particularly concerning incident occurred when DHSS raided a Missouri VFW post. This veterans’ organization provides legal hemp products as an alcohol alternative to its members—many of whom use them to manage pain and anxiety. How does raiding a VFW post, where veterans use legal hemp products for pain and anxiety, protect children? Ric Depontee, the VFW State Commander, expressed disbelief, stating, “For DHSS to come in for the purpose of embargoing or destroying legal items is inappropriate.” While an investigation might be warranted for serious complaints—such as the VFW selling illegal, drug-laced products—Depontee emphasized that was not the case here. “As Commander,” Depontee continued, “I will work to ensure that every VFW post in Missouri upholds the right of its members to access legal products. We will not allow government overreach to strip our veterans of the freedoms they fought to protect.”
Know Your Rights: Stand Up Against Overreach
The VFW raid underscores the importance of knowing your rights. Every member of the Missouri Hemp Trade Association (MHTA) should be prepared to stand firm if DHSS visits their facility. Here's what you need to know:
Do not consent to searches without a warrant.
Do not unlock private areas unless ordered by a court.
Do not destroy anything. You are under no legal obligation to comply with destruction requests.
You can ask DHSS officials to leave. If they threaten to bring a prosecutor, know that they are the ones violating the law.
Call law enforcement if DHSS commits any crimes, and report their illegal activity.
Document everything. Record the visit as long as you don’t interfere.
Contact MHTA immediately for legal guidance and support.
It’s a scary situation, but we must stand firm and united. This is where MHTA steps in. United, we are stronger. MHTA offers its members protection through its collective size and voice. We need dedicated members to sign up for memberships and donate to the fight. We are outspent on every front—organizations like MOCann are heavily funded, paying their board and using their financial muscle to push their agenda.
Thankfully, the MHTA board is made up of dedicated volunteers who give their time and energy without receiving pay. Over the past two months, they’ve worked tirelessly to protect our rights. If you appreciate their efforts, let them know. Your support, through membership and donations, helps us continue this fight against DHSS’s unlawful enforcement. If DHSS visits your store, remember to record everything—it could form the basis for a class action lawsuit that DHSS will have no defense against!
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