CLAYTON 鈥 Competing businesses debated Tuesday over a proposal to ban the sale of intoxicating hemp derivatives in 51黑料 County.
Marijuana industry officials urged the County Council to regulate the products over concerns about sales to kids and a lack of quality testing, but business owners who sell the hemp products said they sell responsibly and offer a more accessible, affordable option than marijuana.
鈥淲e know these products are for adults. We keep them in the hands of adults,鈥 said Mindy Baker, director of government relations for Total Wine and More. 鈥淐ustomers want them. Adults want them.鈥
Councilwoman Lisa Clancy, who proposed the ban, said the county needs to take action because of a lack of state or federal regulations. Unlike marijuana, there are no age restrictions on the hemp derivatives, colorful packaging and candy edibles appeal to kids, and there are no requirements for testing, she said.
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鈥淭hese products are being sold outside of a regulated system,鈥 Clancy said.
The manufacture of hemp-derived products is not regulated, and that causes safety concerns, said Stephanie Cernicek, a chemist who works for Mana Supply Holdings, which produces pot products, such as gummies.
鈥淭here are dangers that aren鈥檛 fully understood,鈥 Cernicek said. 鈥淭hose products can be dangerous if consumed.鈥
Most sellers opt for quality testing on their products, countered Christopher Ware, CEO of Louisville, Kentucky-based KCA Labs. The company provides scientific testing for hemp-derived products.
鈥淭hese operators that are in this space are now subjecting their testing to a degree that even organic strawberries (are not),鈥 Ware said.
Business owners who sell the products would like to see consistent regulations specifically for the hemp-derived products, said Brian Riegel, owner of South Point Hemp in Franklin County, south of Washington. His company sells intoxicating hemp-derived products, including chocolates, fruit chews and other edibles.
鈥淗emp is not marijuana. Hemp is federally legal. Hemp is Missouri legal,鈥 Riegel said. 鈥淲e would like some common-sense laws added.鈥
颁濒补苍肠测鈥檚 would ban the sale of the products, which are marketed under nicknames such as delta-8 and promise beneficial highs. The ban would enable the county health department to sample, seize and destroy confiscated goods in the interest of public health. Violators could be issued fines of up to $1,000.
Democratic Councilwoman Shalonda Webb, of north 51黑料 County, said the fines should be higher.
鈥淲e need to have some real penalties,鈥 Webb said.
Councilwoman Gretchen Bangert, a Democrat from Florissant, said she worries the health department does not have enough staff to enforce a ban, and said the county should not be setting such regulations anyway.
鈥淚 feel that this should probably be coming at the state level,鈥 Bangert said.
The hours-long debate took place in the council chambers ahead of the regularly scheduled meeting of the full council Tuesday evening, where the bill was slated for consideration. Afterward, however, Clancy said she would schedule another hearing before advancing the bill.
Hemp can be used to make rope, fabrics and food products. It comes from the same type of plant, cannabis, as marijuana.
The federal government differentiates the two based on their concentration of cannabis鈥 intoxicating compounds. The defines hemp by its low concentration of cannabis鈥 main psychoactive compound, known as THC. Anything above a 0.3% concentration is considered marijuana and is subject to regulation by strict state laws, including in Missouri. Marijuana also is illegal under federal law, unlike hemp products.
Without government regulations, hemp-derived products such as edibles, drinks and even smokeable joints inhabit a legal gray area. They can be found at convenience stores, gas stations, smoke shops and other retailers.
A proposal to regulate the products failed this spring in the Missouri Legislature. It would have limited hemp product sales to state-licensed dispensaries authorized by the 2022 constitutional amendment that legalized recreational marijuana in the state. The measure failed after a bipartisan group of lawmakers expressed concerns about how it would affect small businesses.
While marijuana and hemp are similar plants, federal law makes a distinction between marijuana, which is grown for high THC content, and hemp, defined by its low content. But since Congress passed the 2018 farm bill authorizing the growing of hemp nationwide, there鈥檚 been an unforeseen consequence. People exploiting what they see as a loophole in the law have taken hemp, extracted a non-intoxicating compound called CBD and chemically altered it into various types of impairing THC. Chemically derived THC has wound up in candies, vape oils and other products sold in gas stations, convenience stores and online.聽