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A tug-of-war over regulating intoxicating hemp products in Missouri has taken a turn as the state’s largest cannabis trade group backs lighter controls on hemp beverages while supporting tighter oversight of edibles and vapes.

The language proposal for Senate Bill 52 would cap THC content at five milligrams per can for hemp drinks, allowing their continued sale in grocery and liquor stores rather than restricting them to licensed dispensaries, according to the Missouri Independent.

“We are working through and very excited about the possibility of developing a carve out for low-THC hemp drinks,” Tom Robbins, lobbyist for the Missouri Cannabis Trade Association, told state senators Wednesday.

The compromise comes as lawmakers consider legislation to bring hemp-derived THC products under the same rules as marijuana. Gov. Mike Parson tried to ban intoxicating hemp products via executive order in August, though the plan stalled when Secretary of State Jay Ashcroft refused to sign off.

Republican State Sen. Nick Schroer, Republican of Defiance, confirmed plans to incorporate the beverage exemption in upcoming committee revisions, according to the Independent. Hemp businesses warn the regulations would harm their industry.

Still, the state’s recreational marijuana market has been around for two years now, with cannabis sales topping $1.3 billion in 2024, according to state data. The hemp sector has operated largely unfettered during this period, though regulators haven’t tracked its market size. However, many operators have been jumping into the arena, particularly in the beverage sector where sales jumped 143% in 2023, according to recent Brightfield Group data.

The move aligns Missouri with neighboring Illinois’ own ambitions, which has been trying to rein in on delta-8 THC sales since 2023. Kansas and Iowa maintain stricter prohibitions on hemp-derived intoxicants.

If passed, the regulations would take effect by January 2026, giving businesses a six-month transition period. The regulatory push hits as federal lawmakers seek national standards. Sen. Ron Wyden, Democrat of Oregon, is advancing legislation to create uniform quality controls for the $30 billion hemp industry.

“We need regulation and not prohibition,” Wyden said Wednesday at an industry event, according to Law360.

Several states including Kentucky, Tennessee, Georgia and Florida have implemented their own oversight systems – albeit consumed by their own in-fighting. But many including the U.S. Hemp Roundtable says these protections are weakened by federal inaction. Safety concerns have mostly driven the regulatory effort.

Beer wholesalers have also proposed separate legislation focusing solely on hemp beverages. Their bill would impose the alcohol industry’s three-tier distribution system, which hemp businesses strongly oppose as potentially monopolistic.