Numbers are dropping, and that’s a good thing.

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Missouri Sen. Nick Schroer recently introduced Senate Bill 984, also called the “Intoxicating Cannabinoid Control Act,” which if passed would make all “intoxicating cannabinoid products” labeled as cannabis. The bill’s function is to regulate hemp products made with Delta-8 THC, which is currently regulated as hemp and not cannabis. Current problems with this include lack of regulation for how old an individual must be to purchase Delta-8 hemp products, and lack of requirements for accurate testing to be presented on product packaging.

According to the Missouri Independent, Schroer’s concern is that Delta-8 THC products are too easy for minors to get a hold of. “I’ve had constituents reaching out to me saying that their kids had been hospitalized,” Schroer said.

If SB-984 became law, it would require the Missouri Department of Health and Senior Services (DHSS) to establish regulations that are similar to that of current cannabis law. Rep. Chad Perkins also filed a companion bill, House Bill 1781, in the house.

The Missouri Independent reached out to DHSS regarding a comment on the bills. DHSS spokesperson Lisa Cox said that they have no comments to provide for currently proposed bills, but that “we do acknowledge the potential and ongoing public health impact of unregulated THC products,” Cox said.

Cox explained that DHSS wants to see regulations that protect the public, especially children. “The department has increased its emphasis on regulatory mechanisms that protect health and children in order to minimize any contribution of the regulated cannabis market to such incidents,” Cox continued. “As of right now, there is no such protective framework for unregulated THC products.”

Missouri Hemp Trade Association (MHTA) President Sean Hackman told the Missouri Independent that that’s exactly what his organization seeks to do. “While any overdose report, especially those involving minors, is deeply concerning, this does not constitute a public health emergency but rather an opportunity for improved regulation,” Hackman said in a statement. However, he added that MHTA does not support Delta-8 product regulation through the DHSS or requiring such products to only be sold in licensed dispensaries.

This isn’t the first attempt that legislators have made to tackle the topic of Delta-8 product regulation. Rep. Kurtis Gregory filed House Bill 1328 in February 2023, in an attempt to re-label Delta-8 products as cannabis instead of hemp. “The reason I’m doing this right now is there’s currently no age limits on it,” said Gregory. “I feel like this is operating under a loophole right now.”

The bill unfortunately did not proceed past a public hearing in April 2023 due to strong opposition. Some legislators claimed that regulating Delta-8 products would further create a monopoly, mainly due to inconsistencies in how the DHSS was approving cannabis licenses.

Many applicants seeking a license were denied but are still legally allowed to sell Delta-8 THC products.

Currently, a lawsuit has been filed by a Missouri cannabis manufacturer called Delta Extraction. In August, the Missouri Division of Cannabis Regulation (DCR) was given an anonymous tip that Delta Extraction was allegedly conducting illegal activities. Soon after, the DCR issued an Order of Immediate Suspension that told the company to immediately halt operation, and told all stores to pull 60,000 items from shelves, which included anything made by Delta Extraction. The company’s license was revoked by November 2023.

Delta Extraction attorney representative, Chuck Hatfield, alleges that the DCR doesn’t have the authority to regulate hemp products. “The Division of Cannabis Regulation’s authority to regulate is limited to non-hemp marijuana and does not depend on whether it is used to make THC,” said Hatfield, according to the Missouri Independent. The case is awaiting discussion through an Administrative Hearing Commission, which will determine if regulators have the right to prevent licensed companies like Delta Extraction from infusing hemp-derived THC products into cannabis products produced in the state.

While the case is ongoing, Schroer said that they will continue to monitor the progress. “We’re still going to use this judicial guidance to craft a type of law compliant with that case law, that is going to protect the youth of our state and any type of consumer of these types of products,” Schroer said.

Missouri medical cannabis sales have been running since October 2020, but recreational cannabis was much more recently implemented by way of voters at the November 2022 ballot. Possession regulations were loosened as of December 2022, and the first sales began in February 2023. During the first month, adult-use sales reached $100 million, and by May the state had already surpassed $1 billion in legal cannabis sales.

The passage of Missouri’s recreational cannabis law also states that nonviolent cannabis cases should be expunged from criminal records. The law stated that misdemeanor expungements must be completed by June 8, and felony expungements by Dec. 8. Although these deadlines were missed, the state has expunged almost 100,000 records.

One author of Amendment 3, Dan Viets, told KMBC News that skipping the deadline wasn’t a concern as long as progress was being made. “We have always said that as long as the courts, the circuit clerks in particular, are making a good faith effort to comply with the law, to get those cases expunged, that we’ll be satisfied,” Viets said. “They have not technically met the deadline. But on the other hand, we’re dealing with a century of marijuana prohibition in Missouri. So, there are hundreds of thousands of cases.”

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While states throughout the U.S. continue to embrace the new legal wave of cannabis, it doesn’t eclipse the strife within the industry. Over the past few years, the industry has faced issues around oversupply, falling prices, stringent regulations and distribution problems, among others, which often fall especially heavy on cultivators.

Now, new research findings show exactly how these employees are faring in the current climate. According to the third edition of the U.S. Cannabis Cultivator survey from Wells Fargo, a majority of growers have a grim outlook on the current state of the cannabis market, as reported by Green Market Report. 

Majority of Cultivators Feel Negatively About State of Industry

The survey, including responses from more than 400 growers across eight U.S. states, found that 58% of growers said they feel “bad” or “terrible,” in reference to the current cannabis market. Specifically, 34% answered that “I feel terrible. Things look awful,” while 24% said “I feel bad. Things don’t look good.” 

Additionally, 31% of respondents said they feel “okay,” while only 9% of cultivators said they feel “good” and 2% said they feel “great” about the current state of the market.

The survey also looked at responses by state, finding that California (which also has the highest number of growers) felt most negative about the current market, with 66% of cultivators expressing a “bad” or “terrible” outlook on the market. Most of the negativity was because of falling wholesale prices, with 34% of respondents citing this as their main source of stress, followed by restrictive regulations at 29% and lack of distribution avenues at 10%.

As the largest cannabis market in the world, California saw a dip in cannabis sales in 2022, the first since adult-use sales launched in 2018. The loss is likely due to a decreased price per pound of cannabis across the state.

Falling Prices a Main Obstacle for All Cultivators

California growers weren’t the only group to express concerns about falling prices.

Approximately 87% of cultivators said they are selling wholesale flower for $1,250 per pound or less, up from 83% and 74% at the same level in fall and spring 2022, respectively. Perhaps even more shocking, a majority of cultivators also reported selling flower at $750 per pound or less, below the average breakeven price of $800 per pound. This ultimately makes profitability a challenge for many growers. 

This assertion reflects a recent survey from Whitney Economics, which found that only 24.4% of cannabis operators in the U.S. are profitable. The consulting and research firm also signified that there is little relief in sight for operators, forecasting seven quarters of slower-than-normal growth in the future. Also nodding to some of the concerns of cultivators, the survey noted that the success of cannabis businesses is largely dependent upon the regulatory structure of the states in which they are operating, among other factors that may be beyond their control.

In It For the Long Haul

While the current outlook may seem bleak, cultivators widely indicated that they wouldn’t be leaving the industry anytime soon. The survey found that only 19% of growers planned to partially or completely exit from the industry, a decrease from 22% and 27% in fall and spring 2022, respectively.

This persistence could prove problematic, potentially exasperating oversupply issues and causing continued price drops. The survey found that 42% of cultivators plan to increase cultivation over the next 12 months. 

However, the report also shows that growers are investing in nutrients (65%) and soil (45%), essentially looking to optimize production while keeping costs low. To hammer in that point, few cultivators planned to drop cash on high-cost items like lights (32%), irrigation systems (30%) and extraction equipment (16%).

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Pot taxes rise in California. Mushrooms decriminalized in Colorado.

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The US grew 554 more metric tons of adult-use cannabis in the past year than in 2021. Still, the crop’s value fell by $1 billion.

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Here’s why patients feel deceived, and why the company wants state to change testing standards from ‘wet weight’ to ‘dry weight.’

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‘Tis the season to get to the great outdoors, but not all campsites are cannabis friendly in Canada. Here’s what you need to know.

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You don’t need cancer to smoke medical pot in New York anymore.

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Uber and Tokyo Smoke announce a partnership to offer online and in-app ordering for cannabis in Ontario.

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Medical cannabis use in sports remains a controversial topic. One MMA athlete is fighting to break the stigma.

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