A loophole in cannabis law is again at the center of a squabble – this time in Missouri, where state officials recently recalled more than 45,000 marijuana products made from hemp derivatives.
The state Division of Cannabis Regulation (DCR) revoked the marijuana manufacturing license of Robertsville-based Delta Extraction for illegally importing marijuana from out-of-state sources which it sold along with Missouri-grown marijuana. The cannabis regulator also said the Delta products violated other rules.
Delta admitted it purchased material from other states, but said those imports were hemp-derived THC-A, a synthetic compound made from hemp that can be used to create high-producing delta-9 products. The company argues that because hemp is legal federally, the state has no justification for blocking the products.
DCR also said regulators could not ensure the imported material was properly tested, and claims Delta falsified product tracking records. Delta was also charged with failing to maintain proper surveillance footage or have necessary safeguards to prevent break-ins at the company’s production facility.
The state originally ordered a recall of more than 62,000 products on August 14 but later reduced that to 45,000 products, the fate of which will be debated before the Administrative Hearing Commission in December, when Delta’s appeal on its license revocation is expected to also be heard. Stakeholders say the outcome could mean steep financial losses for dozens of marijuana businesses if the products must be destroyed.
In appealing its license revocation, Delta argues that Missouri didn’t specifically ban adding hemp-derived THC-A to marijuana products until the state’s final rules went into effect on July 30. Chuck Hatfield, attorney for Delta Extraction, said the DCR never communicated that adding THC-A from hemp was against the rules until the company’s license was suspended in August.
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