MO: Stores Sell Cannabis Extract Despite State Regulations

Ron Strider

Well-Known Member
A new store in Columbia, part of a chain that also has locations in Kansas City, Springfield and Joplin, is raising the question of whether a hemp extract extolled for its benefits to epilepsy patients can be sold legally to anyone.

CBD American Shaman on Range Line Street just south of Interstate 70 isn't the only store in Columbia with products containing cannabidiol, commonly called CBD, but it is the first store that makes the extract its main business. A sign with a green cross – a symbol also used by medical marijuana dispensaries in states where it is legal – alerts passers-by to its presence in the small strip mall.

The owner of one company licensed to produce and sell under a 2014 state law said in an interview this week that three letters to Attorney General Josh Hawley complaining about the unlicensed sales have received little response.

"We gave them all the photos, all the info, all the regulations, and nothing has happened," said Mitch Meyer of BeLeaf Company of Earth City. "We have followed up two times over the last two months."

If the product is legal without a license, that needs to be made clear, Meyer said. She's trying to protect BeLeaf's investment in growing space, testing labs and a sales office that is seeking to provide a legal product to a very limited clientele.

"We are not going to beat them up but we know that two licensees have spent so much money to adhere to the letter of the law and we are being run over by people trying to sell CBD," she said.

Cannabis is the genus of plants that includes hemp, a source of fiber and seed oil, and marijuana, which has the THC smokers want to get high. There is some THC and CBD in almost all strains but the levels are determined by breeding and growing conditions.

Several petitions are being circulated to put a ballot measure legalizing medical marijuana before Missouri voters next year. But currently, only BeLeaf and Noah's Arc Foundation in Chesterfield have the two Missouri Department of Agriculture licenses authorized by state law to grow cannabis to harvest the CBD from it. They may only sell their CBD products to epilepsy patients who receive certification from their physicians that other treatments have been ineffective.

The 2014 law authorized a product with no more than 0.3 percent THC by weight and at least 5 percent CBD. Keeping the level of THC low makes the product legal, said Trevor Burdett of CBD American Shaman.

The company imports raw hemp oil from Norway and has it tested by ProVerde, a Massachusetts laboratory, Burdett said.

"All I know is our company is based in Missouri, we have several stores in Missouri and we have had no legal issues," he said.

In December 2016, the DEA wrote new rules governing marijuana extracts, which are all illegal under federal law. The rule created a new code to track the extracts and makes clear that any product with any quantity of marijuana extract are to be treated the same as raw marijuana for federal legal purposes. The federal government classifies all cannabis as a Schedule 1 drug with a high potential for abuse and little to no medical value – a position that has increasingly been under attack as states legalize marijuana for medicinal and recreational use.

In 2016, then-Attorney General Chris Koster sent letters to two dozen retailers who were selling products that contained CBD warning them that they were violating Missouri law and sued four who declined to stop. All four signed consent agreements to discontinue the sales.

In response to an email inquiry about CBD American Shaman, agriculture department spokeswoman Sarah Alsager wrote that there is no limit on the number of dispensing outlets that may be established by the licensed CBD producers.

"If they are not affiliated with either of these licensees, you may want to contact the Attorney General's office to see if they have any information," Alsager wrote.

Loree Anne Paradise, Hawley's deputy chief of staff, wrote that the law authorizes the agriculture department to impose civil penalties for violations of the 2014 law.

"If the department orders penalties under the statute, our office will defend and enforce them as appropriate under the law," Paradise wrote.

After referring questions about legality to the store owners, Keri Lawson, a saleswoman on duty at CBD American Shaman, said the products have a variety of uses ranging from pain management and easing the side effects of chemotherapy to stress relief.

"CBD works very well for anyone in radiation or chemotherapy," she said.

Amaris Wagner, a customer who said she has been taking medications for post-traumatic stress disorder and anxiety, said she is looking for a product that doesn't sedate her or cause other side effects.

"I would much rather have something that is natural," she said. "This is my first time giving it a shot and I think it is worth it."

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News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Stores sell cannabis extract despite state regulations - News - Columbia Daily Tribune - Columbia, MO
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