ST. LOUIS — Missouri Gov. Mike Parson and Secretary of State Jay Ashcroft are at odds over how quickly to restrict Delta-8 products.
It comes as the governor will announce new actions Tuesday on people who sell foods that contain cannabis, known as THC.
Delta-8 is a psychoactive hemp product that's infused with chemicals and THC to create a high. It is currently unregulated in the state of Missouri and can be sold to anyone, even kids.
5 On Your Side Reporter Mercedes Mackay stopped at a gas station to see it for herself how easy it was to obtain. She walked into the store, bought Delta-8 and never had to show identification.
The battle between the two state leaders started in August, when Parson signed an executive order to crack down on the sales of unregulated Delta-8. The products mirror popular kids snacks and candy, but they're infused with the psychoactive ingredient found in marijuana.
The restrictions Parson is pushing for would've started at the beginning of September, but Parson's emergency rule was rejected by Ashcroft, not once, but twice.
Ashcroft told 5 On Your Side the reason for the rejection is because the Governor's Office failed to provide the required legal justification.
"I had the responsibility under the law to reject it," Ashcroft said. "The Missouri Revised Statutes lay out several conditions that, 'emergency rules have to meet.' When I received the rule on the face, it didn't appear to me that it met those requirements."
Police chiefs and regulated cannabis industry leaders pushed for restrictions on Delta-8 in the last legislative session, but the bills didn't pass. They said the products are targeting children with their false advertisements and even sending some to the hospital.
Then, in August, the governor pushed for an emergency rule to get the unregulated products off the shelves.
After Ashcroft rejected the initial rule, Parson came back with a revised version, but the answer was still no.
"I asked them directly from the statute to show me how it was legal and how I could approve it, and they didn't," Ashcroft said, reiterating his decision was all based on the law.
"Whether I like the product or not, whether I think it should be regulated, whether I think it should be banned, whether I think it should be sold. It has nothing to do with it," he said. "What it has to do with is, does it meet the legal requirements that I am required to certify to? It's not something that I am given the option to certify it or not certify it, but I have the responsibility under the law to determine if it meets the requirements. That's what I did."
The Governor criticized Ashcroft's rejection in a letter saying in part, "By refusing to grant emergency rules to ban the sale of unregulated psychoactive cannabis products, especially to children, Secretary Ashcroft is choosing personal vendetta and unregulated, dangerous products over the health and safety of Missouri kids."
5 On Your Side has reported on the dangers of Delta-8, speaking with police chiefs and regulated cannabis industry leaders about their concerns regarding safety. 5 On Your Side took their questions to the secretary of state.
"What would you say to them when they come to me and say is he not worried about our children's safety in Missouri?" Mackay said.
Ashcroft said in response, "This isn't about being for or against a product, this is about following the law. I took an oath. I raised my hands before the people this state, before God, to uphold the Constitution of the United States, the Constitution of the State of Missouri and to faithfully execute the laws of this state. I'm going to do that."
Since the governor's emergency rule was rejected, his plan to restrict Delta-8 sales will now have to go through the steps of a normal proposal. That includes taking comments from lawmakers and the public, which could take up to six months.