Representative Chad Perkins, R-Bowling Green, and Senator Nick Schroer, R-St. Charles, have taken steps to address the regulation of intoxicating cannabinoids in Missouri, pre-filing House Bill 1781 and Senate Bill 984, respectively, ahead of Missouri’s 102nd General Assembly. The bills, known as the “Intoxicating Cannabinoid Control Act,” seek to amend Chapter 195 of the Revised Statutes of Missouri (RSMo) by introducing comprehensive regulations for hemp, cannabis, and cannabinoid products with intoxicating effects.

The bill introduces specific definitions critical to the regulation of “intoxicating cannabinoids” and determining its scope.

An ‘intoxicating cannabinoid’ includes any cannabinoid or cannabimimetic agent, regardless of its origin or method of creation, that has an intoxicating effect when consumed. This definition is designed to encompass both naturally occurring substances and those created or altered through various processes, including chemical conversion or heat application.

The “Intoxicating Cannabinoid Control Act” requires that all products containing intoxicating cannabinoids be classified and regulated as marijuana under Article XIV of the Missouri Constitution. The act mandates that these products undergo the same stringent requirements as those currently governing the legal marijuana industry. Additionally, it stipulates that any intoxicating cannabinoid product may only be sold by a Missouri marijuana licensee.

The Department of Health and Senior Services is tasked with regulating intoxicating cannabinoid products and collaborating with the Department of Public Safety and other relevant law enforcement agencies, to enforce the act’s provisions effectively.

Additionally, the Act includes a clause stating that any rule or regulation will only be effective if it adheres to the provisions of Chapter 536 of the RSMo. This chapter outlines the general assembly’s powers to review, delay, or annul rules, underscoring the legislative oversight of the regulatory process.

The Intoxicating Cannabinoid Control Act reflects a growing concern amongst both regulators and industry participants to regulate intoxicating substances derived from cannabis and hemp more stringently. By classifying intoxicating cannabinoid products under the same regulatory umbrella as marijuana, the bill aims to address public safety concerns while providing clear guidelines for producers and distributors in the state to battle a rash of intoxicating products that have become increasingly accessible to minors given the lack of regulation and oversight of the growing industry.

As session begins, the cannabis industry as a whole will take notice. The passage of the Intoxicating Cannabinoid Control Act could set a precedent for how other states approach the regulation of intoxicating cannabinoids, impacting the national conversation on cannabis and hemp product regulation.

Read the full text of HB 1781 below.

4161H.01I.pdf

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