RECORDS OF INDIVIDUAL INFORMATION OF CERTAIN PERSONS (Sections 195.800 and 195.819)

Under this act, no state agency or state employee shall disclose any personally identifying information of persons who have applied for or obtained a qualifying patient identification card, a qualifying patient cultivation identification card, or primary caregiver identification card for medical marijuana to the federal government or any federal employee, or other unauthorized third party. Any person who knowingly violates this act shall be guilty of a Class E felony.

Under this act, no marijuana dispensary selling marijuana, marijuana-infused products, or intoxicating cannabinoids to end user consumers shall create or retain any record containing a consumer's identifying information upon the consumer's written request. This provision shall not apply to any constitutionally-mandated record-keeping requirements relating to qualifying patients and primary caregivers. Dispensary facilities that violate the provisions of this act shall be assessed a $500 fine per occurrence.

THE "INTOXICATING CANNABINOID CONTROL ACT" (Section 195.900)

This act establishes the "Intoxicating Cannabinoid Control Act". Under this act, intoxicating cannabinoid products shall be considered as marijuana and regulated as marijuana is regulated by the Department of Health and Senior Services under the Missouri Constitution. The Department shall collaborate with the Department of Public Safety to enforce these provisions.

Hemp, industrial hemp, hemp-derived consumable beverage products, and hemp-derived products containing no intoxicating cannabinoids shall not be subject to regulation under these provisions.

No person or entity engaged in the sale of cannabidol (CBD), hemp, marijuana, cannabinoids, or intoxicating cannabinoids, or related paraphernalia, other than a comprehensive or medical marijuana dispensary facility or a microbusiness dispensary facility, shall carry on, conduct, or transact business under a name that contains as part of the name the word "dispensary".

THE "HEMP-DERIVED CONSUMABLE BEVERAGE PRODUCTS ACT" (Sections 144.028 and 195.2540 to 195.2620)

This act establishes the "Hemp-Derived Consumable Beverage Products Act". This act regulates the manufacture, distribution, sale, and purchase of hemp-derived consumable beverage products in Missouri. Under this act, a person shall not knowingly:

  Sell or distribute a hemp-derived consumable beverage product to a person under 21 years of age;

  Purchase such product on behalf of a person under 21 years of age;

  Persuade, entice, send, or assist a person under 21 years of age to acquire such product;

  Distribute free samples of such products in or on a public street, sidewalk, or park;

  Sell such products in or on a public street, sidewalk, or park without obtaining a temporary event permit from the Division of Alcohol and Tobacco Control of the Department of Public Safety;

  Sell or distribute such product without first obtaining proof of age, as specified in the act;

  Purchase, possess, or accept such product while under 21 years of age; or

  Present false or fraudulent proof of age to obtain such product.

Retailers selling hemp-derived consumable beverage products shall sell such products in a way that indicates to consumers that the products contain hemp-derived cannabinoids and are to be sold only to persons 21 years of age or older.

Any person who violates these provisions shall be subject to a fine of not more than $250 for the first violation and a class D misdemeanor for any second or subsequent violation. The Division shall enforce these provisions, as specified in the act.

The purchase, possession, consumption, use, manufacture, transportation, or distribution of hemp-derived consumable beverage products in accordance with this act shall be lawful.

Any person or entity that is in the business of hemp-derived consumable beverage products in this state, including any manufacturer, distributor, or retailer, shall obtain a license from the Division, as specified in the act, or be subject to a fine not to exceed $250. The license shall be location specific for retailers. The license shall be valid for one year and may be renewed annually.

This act creates the "Hemp Business Fund", consisting of license application and renewal fees collected by the Division. The fund shall be used for the administration of this act.

Hemp-derived consumable beverage products shall be tested in a process overseen by the Department of Health and Senior Services. Hemp-derived consumable beverage products offered for distribution or sale in Missouri shall bear labels containing specified information, including the amount of any advertised cannabinoids in milligrams, as well as certain statements of risk and a best-by date. Labels shall not have likeness or resemblance to a human, animal, cartoon character, or fictional character and shall include a quick response code with further information.

The provisions of this act shall not be construed to permit a person to undertake any task while impaired by the use of a hemp-derived consumable beverage product if doing so would constitute negligence or professional malpractice. A person shall not drive a vehicle on a public road while consuming such product and shall not possess an open container while driving on a public road. Employers shall not be required to accommodate the use of such products in the workplace or an employee working while under the influence of such products.

Hemp-derived consumable beverage product manufacturers may assign exclusive territories for distribution of their beverage products. Any person, cooperative, or business any one of the three types of licenses under this section, manufacturer, distributor, or retailer, shall not hold either of the other two types of licenses, except as otherwise described in the act.

Each manufacturer shall register its hemp-derived consumable beverage products distributed or available for distribution in Missouri with the Division, as specified in the act.

All retail establishments and food service establishments offering hemp-derived consumable beverage products shall be licensed by the Division and such products may be sold in such establishments if the product has been registered with the Division. On-premises retailers or food service establishments may offer such products at a temporary event if the establishment is licensed by the Division and obtains a temporary event permit from the Division.

Finally, for all tax years beginning on or after January 1, 2026, an excise tax is hereby levied and imposed on the retail sale of hemp-derived consumable beverage products to consumers at a rate of 2% of the retail purchase price paid or charged, in addition to any other tax imposed under federal, state, or local law. The revenue from this tax shall be used exclusively for the funding of veterans' programs, drug abuse prevention and education programs, and first responder programs.

This act is similar to provisions in HB 393 (2025), SB 518 (2025), SS/SB 984 (2024), provisions of SB 457 (2023), and provisions of HB 501 (2021).

SARAH HASKINS