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, unless required to do so pursuant to a subpoena or court order issued by a court. Any person who knowingly violates this act shall be guilty of a Class E felony.

Upon the written request of a consumer, a marijuana dispensary shall not create or retain any record containing a consumer's identifying information. 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 or entity shall not:

  Sell or offer for sale a hemp-derived consumable beverage product that is not contained in a segregated and locked unit on the retail sale floor or not displayed for sale behind the counter and out of customer reach;

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

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

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

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

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

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

  Knowingly 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 $500 per day until the person or entity ceases the sale of such products or obtains a valid license. Manufacturers, distributers, and retailers seeking a license under this act shall first obtain and maintain a valid liquor license. The license shall be location specific for retailers. The license shall be valid for one year and may be renewed annually.

Any person who or entity that holds a valid liquor license and is engaged in the manufacturing, distributing, or retail sale of hemp-derived consumable beverage products on or before August 28, 2025, may submit to the Division a notice of intent to apply for a license to continue to do so under this act and may continue to manufacture, distribute, or sell such products for a period of 45 days while waiting to obtain a license, as described in the act.

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.

The Division shall promulgate rules pertaining to unlawful pricing and discrimination by distributors that are no less stringent than those for the sale of intoxicating liquor and wine containing alcohol in excess of 5% by weight. The price to retailers of any product regulated by the state's liquor control law or any hemp-derived consumable beverage product regulated by this act shall not include bottling and handling charges, the cost of delivery to the retailer, and any similar ancillary charges to the retailer, which shall be separately stated from the price to the retailer on any invoice for the product.

No manufacturer or distributor shall pay a retailer, and no retailer shall accept, any payment, credit, or other consideration to induce the retailer to advertise or display a hemp-derived consumable beverage product in a certain manner on the retailer's licensed premises.

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.

A hemp-derived consumable beverage product shall not be sold for on-site consumption.

Under this act, licensed manufacturers shall be indemnified from all claims arising out of certain intentional and negligent actions by retailers or distributors. Licensed distributors shall be indemnified from all claims arising out of certain intentional and negligent actions by manufacturers or retailers. Licensed retailers shall be indemnified from all claims arising out of certain intentional and negligent actions by manufacturers or distributors.

The provisions of this act shall not be applied to any safe-harbor hemp product, meaning those hemp products manufactured or prepared for distribution in this state for export outside of this state and not sold or distributed in this state, or any safe harbor manufacturer or storage facility.

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 9% of the retail purchase price paid or charged, in addition to any other tax imposed under federal, state, or local law.

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