By Jake Kroesen – The Missouri Times –
Stalled efforts to regulate Delta-8 THC have prompted Missouri’s Executive Branch to step in, leaving many residents asking: “When will this issue finally be resolved?”
In Missouri, it remains disturbingly easy for teens, and even younger children, to purchase products that can get them high. Sold openly in gas stations, smoke shops, and convenience stores, these products include Delta-8 THC gummies, sodas, and vape cartridges, often disguised in colorful, candy-like packaging that conceals their intoxicating potential.
Delta-8 THC is a psychoactive compound that can be synthesized from hemp-derived CBD. Although structurally similar to Delta-9 THC, the main intoxicating chemical in marijuana, Delta-8 exists only in trace amounts naturally and must be chemically converted in order to produce commercial quantities.
A controversial loophole in the 2018 federal Farm Bill unintentionally opened the door to these products by legalizing hemp and its naturally occurring derivatives. However, the Drug Enforcement Administration (DEA) has since clarified that synthetically created or chemically modified cannabinoids, such as Delta-8 produced through chemical conversion, are considered Schedule I controlled substances under federal law.
This regulatory gray area has raised serious alarms among parents, health professionals, and law enforcement. Despite increasing reports of adverse incidents, Missouri’s legislature has yet to implement meaningful oversight. In the meantime, the Attorney General, a former governor, and several local governments have taken matters into their own hands.
Missouri Department of Health and Senior Services Issues Health Advisory
In April 2024, Missouri’s Department of Health and Senior Services (DHSS) issued an important warning about hemp-derived cannabinoids like Delta-8 THC. These products aren’t tested for safety, aren’t regulated, and remain easy for anyone, including kids, to buy.
They often come in bright, candy-like packaging or drinks that might look innocent but can cause serious harm, including poisoning and impairment. Paua F. Nickelson, DHSS director, said it’s deeply troubling how easily young people can get these products, and how little is known about what’s actually in them.
DHSS urges Missourians to stick to buying cannabis products from licensed dispensaries, where safety and quality standards are enforced. For anything sold elsewhere, the labels may not tell the full story.
The Alarming Boldness of Unregulated Sellers
As if Delta-8 weren’t concerning enough, some sellers in Missouri are now going even further, offering substances that have nothing to do with hemp or the Farm Bill.
In stores across the state and the internet, products openly claiming to contain psilocybin (the active compound in psychedelic mushrooms) are now being sold alongside THC edibles and vapes. Psilocybin remains illegal under both state and federal law, yet these intoxicating products are appearing more frequently, with little fear of enforcement.
These shops are pushing a growing variety of mind-altering substances that no regulatory agency is testing or tracking. Many of these products are poorly labeled or misleading, with unknown ingredients and unpredictable effects. Parents, schools, and law enforcement are left trying to catch up as more of these substances slip into mainstream retail.
This isn’t just a Delta-8 problem anymore. It’s a warning sign: when there’s no clear oversight, the door opens to a flood of unregulated, dangerous substances. And Missouri is seeing that flood arrive.
A National Crackdown—While Missouri Lags Behind
Across the U.S., many states have moved to restrict or ban intoxicating hemp-derived compounds like Delta-8. Common measures include minimum age requirements, mandatory product testing, and licensing rules for manufacturers and retailers.
But Missouri still lacks a comprehensive statewide framework. This regulatory vacuum has forced local authorities to adopt their own policies in an effort to protect public health and safety.
The Farm Bill Loophole, and Its Consequences
The 2018 Farm Bill was crafted to support American agriculture by legalizing hemp, which is defined as cannabis containing less than 0.3% Delta-9 THC. While it allowed for the sale of naturally occurring hemp derivatives, the rise of synthesized intoxicants derived from hemp, such as Delta-8, was not anticipated
Since Delta-8 occurs naturally only in minuscule quantities, manufacturers use chemical processes to convert hemp-derived CBD into Delta-8 at levels high enough to produce psychoactive effects. This kind of synthetic conversion falls outside the scope of what the Farm Bill protects.
Without clear federal enforcement or consistent state-level laws, Missouri has become a hotspot for the unregulated sale of these potent products, raising public health risks and putting pressure on local officials to fill the policy gap.
The Human Toll
In February 2024, ten students at Sumner High School in St. Louis became violently ill after consuming Delta-8 gummies purchased from a local gas station. Four were hospitalized. Weeks later, six elementary-aged children got ahold of similar products. One young girl became so disoriented that she believed her parents were trying to kidnap her.
The FDA issued a national alert in 2022 warning about Delta-8’s risks to children and pets. Between 2021 and 2022, poison control centers saw an 82% spike in Delta-8-related calls, more than 3,300 cases in just one year.
This is not a theoretical concern. It’s a real, growing public health issue playing out in homes and schools across Missouri.
When Lawmakers Don’t Move, Others Do
With the Missouri legislature stalled, Attorney General Andrew Bailey took action. Over the past year, his office has investigated sellers and issued cease-and-desist letters to companies pushing unregulated hemp-derived THC products, which he called “bad actors.”
Bailey emphasized the need to protect the public from the only intoxicating cannabis products currently on Missouri shelves that are totally unregulated. Many of these products are imported, increasingly from overseas, including China, compounding safety concerns.
Before leaving office, then Governor Mike Parson issued Executive Order 24-10, directing state agencies to remove intoxicating hemp products from stores and warning retailers of legal consequences.
In response to the state’s inaction, local governments like Gladstone and Farmington passed ordinances banning the sale of synthetic cannabinoids in their communities.
Recently, the St. Louis board of aldermen offered a bill, sponsored by Shane Cohn, that would ban Delta-8 products from being sold outside of legal dispensaries. Despite this being a step toward restoring some degree of regulatory framework, inaction on the state level continues to force local authorities to act alone.
Industry Pushback
Not everyone supports the Attorney General’s aggressive stance. Leaders in the hemp industry argue the enforcement is based on a misreading of federal law.
“We think that the AG’s stance is based on an outdated reading of federal law,” said hemp lobbyist Eapen Thampy. “AG Bailey has been very reasonable on this in the past, and we hope that we can fix this issue without further legal problems.”
The debate reflects a broader national tension between the hemp industry and public health advocates seeking tighter regulation of intoxicating products.
Cannabis attorney Rod Knight argues the AG misapplied both state and federal law. According to Knight, Missouri’s hemp statute only references Delta-9 THC, not THCA or “total THC” levels. He points out that while federal law requires testing for THCA before harvest, it does not require post-harvest products, like smokable hemp or flower sold in stores, to be measured by that same standard.
“The AG is relying on federal rules that apply to hemp growers, not retailers,” Knight wrote. “Once the crop is harvested and compliant, THCA is no longer part of the legal calculation.”
A Federal Court Backs States’ Authority
Last week, the 8th Circuit Court of Appeals, which covers Missouri, upheld Arkansas’s ban on Delta-8 products. A lower court had temporarily blocked the law after hemp companies argued that the 2018 Farm Bill protected their products from state interference.
But the appeals court disagreed, ruling that states do have the authority to regulate or prohibit intoxicating hemp products. The opinion affirmed that states can act to protect public health and safety through their own laws and are not bound by federal preemption claims.
It’s a clear signal: states don’t have to wait on Congress. They already have the power to act.
Legislative Inaction Leaves Families Exposed
Despite the growing crisis, Missouri’s 2025 legislative session ended with no new law.
Two bills had been on the table:
The Intoxicating Cannabinoid Control Act (ICCA) would have reclassified Delta-8 as marijuana, imposing age limits, safety testing, and taxes.
A competing bill proposed a separate regulatory framework for hemp-derived products, but with a $285 million price tag, and loopholes that still allowed underage sales in gas stations.
Neither bill passed. The ICCA reached the Senate floor but stalled amid concerns from some lawmakers.
The result? Missouri still remains in a regulatory vacuum, with families, schools, and local officials left to deal with the fallout.
Calls for Action Grow Louder
Rising political figures are also speaking out.
“I appreciate Attorney General Bailey’s leadership in protecting our children, but the Executive Branch can only do so much,” said State Senator David Gregory. “Now it’s time for lawmakers in Jefferson City to step up with commonsense, fair regulations. This is not a partisan issue, it’s about safeguarding public health.”
Gregory, someone who has been seen as a potential future Attorney General, echoes a sentiment felt by many in Missouri, especially parents: the time for legislative delay has passed.
What’s Next for Missouri?
Until the legislature acts, the burden of protecting kids from these products falls to city councils, prosecutors, and concerned parents.
The Delta-8 crisis in Missouri is more than a policy misstep. It’s a case study in what happens when federal loopholes meet state-level inaction. The consequences are real and they’re playing out in ERs, classrooms, and living rooms across the state.
With public pressure mounting, a federal court greenlighting state authority, and local leaders taking matters into their own hands, momentum is building. But the question remains:
Will Missouri’s lawmakers finally act, or will more families be left to navigate the fallout on their own?
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