CLAYTON — A St. Louis County councilwoman plans to propose regulations on the sale of intoxicating hemp-derived products, such as age restrictions and licensing, after another councilwoman dropped a bill that would have banned the sales in the county altogether.
Democratic Councilwoman Lisa Clancy, of Maplewood, on Tuesday dropped the idea of banning sales, saying she could not find consensus between council members and the hemp and cannabis industries.
Clancy’s concerns center on safety and what she said is a lack of controls in the production and sales of intoxicating hemp products, particularly those with packaging that she said appeals to children. She said she hopes state legislators take up regulations in the coming months.
“All of us on the council will be watching it carefully,” Clancy said. “If the state isn’t able to create meaningful policy to address the issues that this bill was going to address, some very serious public health and safety issues, the council may reevaluate and reconsider.”
Meanwhile, Democratic Councilwoman Shalonda Webb, of north St. Louis County, said she plans to introduce a bill regulating the sales instead. She said after Tuesday’s council meeting that she wants to work with Clancy, but did not say when a bill would be ready.
The hemp industry has called for a regulatory approach rather than an outright ban on sales.
An initial draft of Webb’s bill outlines proposed rules for those products, which are marketed under nicknames such as delta-8 and promise beneficial highs. They come in the form of gummies, seltzers, candy and even smokeable joints, and can be found at convenience stores, gas stations, smoke shops and other retailers.
The draft calls on the county to impose a sales tax on the products, and prohibit anyone under 21 from buying them. Member sof the military and veterans who are at least 18-years-old would be exempted. Packaging would be restricted, and stores would have to obtain a license from the county to sell the hemp-derived products, among other proposed rules.
Clancy last fall proposed a ban on selling hemp-derived products, and discussions on the measure began in earnest this summer. Unlike marijuana, there are no age restrictions on hemp derivatives. Colorful packaging and candy edibles appeal to kids, and there are no requirements for testing, making them a public health hazard, Clancy has said.
Clancy’s bill would have enabled the county health department to sample, seize and destroy confiscated goods. Clancy last month said she was considering revisions to her bill following a pair of hours-long hearings in which hemp businesses said they want sensible regulations. At Tuesday afternoon’s meeting, however, Clancy said the state should take on the task.
The marijuana industry supported Clancy’s move to drop her bill, saying Missouri needs to “lead the way on this public safety issue,” according to a statement from Missouri Cannabis Trade Association Executive Director Andrew Mullins.
“While a patchwork of regulations and bans across Missouri’s 114 counties is certainly better than the current Wild West reality, it wouldn’t give parents, teachers and law enforcement the peace of mind they need to hold the bad actors selling and making these products accountable,” Mullins said.
Webb’s draft bill, circulated among council members on Tuesday, would require hemp product packaging to be childproof and and would prohibit it from resembling “trademarked packaging of any commercially available candy, snack, baked good or beverage.” Images of candy, baked goods, cereal, or the words “candy” or “candies” would not be allowed. And packaging that appeals to kids — including cartoons, animals, neon colors, celebrities or mascots — would be forbidden.
The products also would have to have proof of quality testing from an independent lab for heavy metals, pesticides, mold, solvents and microbials.
Webb’s bill also seeks to place a 3.25% sales tax on the products on top of other sales taxes, but such a tax would have to be approved by county voters.
Webb’s bill proposes penalties for businesses that violate any of the county rules: a $2,500 fine for a first offense, $5,000 and a 30-day license suspension for a second, and license revocation for any subsequent offense.
County licenses for selling hemp-derived products would cost $2,500 annually, plus $250 for each additional store.
The council meets again on Tuesday.
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Kelsey Landis | Post-Dispatch
St. Louis County government reporter
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