Missouri Hemp Ban Hits Wall as Senator Filibusters for Two Hours

A Republican-backed effort to ban intoxicating hemp products in Missouri ground to a halt Wednesday after a two-hour filibuster by Sen. Karlya May, a St. Louis Democrat who argued the measure would harm small businesses and consumer choice.

Sen. David Gregory's bill, which would prohibit the sale of hemp-derived products containing delta-8 THC and similar intoxicating compounds, failed to advance after May and other Democrats raised concerns about the legislation's impact on Missouri's emerging hemp market. The Chesterfield Republican had framed the proposal as a consumer safety measure.

The standoff reflects a growing tension in state legislatures nationwide as lawmakers grapple with a gray market of hemp products that emerged after the 2018 Farm Bill legalized hemp cultivation. Missouri voters approved adult-use cannabis in 2022, but hemp-derived products have remained available in gas stations, convenience stores, and smoke shops—often at lower prices than state-licensed cannabis.

The Regulatory Gap

Missouri's situation mirrors battles playing out across the country. Hemp products containing delta-8 THC, delta-10 THC, and THC-O have flooded retail shelves since 2020, occupying a legal gray area between federally legal hemp and state-regulated cannabis programs. These products are synthesized from CBD extracted from hemp, which contains less than 0.3% delta-9 THC by dry weight.

Gregory's bill would have closed that gap by explicitly banning any hemp product designed to intoxicate consumers. Supporters argue the unregulated products pose safety risks because they lack testing requirements and age restrictions that apply to licensed cannabis.

But May countered that small business owners who invested in hemp retail operations would be unfairly penalized. The hemp industry has argued that bans amount to protectionism for state-licensed cannabis operators who face higher taxes and stricter regulations.

Political Calculus

The filibuster strategy proved effective, at least temporarily. Missouri's legislative session operates under tight time constraints, and extended debate on one bill can derail an entire day's agenda. May used procedural tactics to run out the clock on Wednesday's session.

Republican leadership hasn't indicated whether they'll bring the measure back for another vote. The bill would need to clear the Senate before moving to the House, where its prospects remain uncertain.

Missouri's licensed cannabis operators have been watching the hemp debate closely. The state's adult-use market launched in February 2023, generating over $1 billion in sales during its first year. Industry groups have lobbied for restrictions on intoxicating hemp products, arguing they undercut the regulated market.

What's Next

Legislators return to session next week, and Gregory could attempt to revive the measure or attach it to another bill. But with Democrats united in opposition and some Republicans skeptical of additional regulations, the path forward looks challenging.

At least 15 states have moved to restrict or ban intoxicating hemp products since 2021, according to industry tracking. The patchwork of state responses has created confusion for retailers and consumers alike, with products legal in one state but banned across the border.

The Missouri debate also highlights broader questions about how states should regulate hemp-derived intoxicants as the industry continues to evolve and new compounds enter the market.

This article is based on original reporting by ganjapreneur.com.