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Missouri bill could ban the majority of Delta-8 edibles

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Proposed legislation to regulate intoxicating hemp products could potentially ban the majority of the Delta-8 drinks and edibles on the market in Missouri today, the state’s top marijuana regulator told an industry meeting late last week in St. Louis.“This is really an unanswered question,” said Amy Moore, director of the Missouri Division of Cannabis Regulation.Moore was among a panel of speakers at the National Cannabis Industry Association’s Missouri Stakeholder Summit who discussed legislation in the state House and Senate that would create the “Intoxicating Cannabinoid Control Act.”Currently, Delta-8 THC products — including a large variety of drinks that are popular at bars and available at gas stations throughout the state — can be sold in Missouri stores because the intoxicating ingredient is derived from hemp, not marijuana.Hemp is federally legal.There’s no state or federal law saying teenagers or children can’t buy them or stores can’t sell them to minors — though some stores and vendors have taken it upon themselves to impose age restrictions of 21 and up.The legislation would place these products under the same constitutional framework and rules that the marijuana industry must abide by — including an age restriction, labeling and testing requirements and a mandate that products are only sold at licensed dispensaries regulated by the cannabis division within the Missouri Department of Health and Senior Services.However, the state’s rules also currently ban the “chemical conversion” process used to create the majority of hemp-derived THC products.When asked how many hemp-derived THC products would still be left on Missouri shelves if the legislation passed and this rule was enforced, Moore said the department would have to take a hard look at the “intent” of the law.“Everyone knows the rules are part of our regulatory framework,” Moore said in an interview with The Independent after the summit. “Does that indicate intent that chemical conversion, at least, remain prohibited?”Or, she said, it could also be the law’s intent to simply put these products under the same guidelines marijuana products follow, and the state would need to adapt its rules to be able to keep them on the market.“We don’t really have a position right now about what that would mean in the future,” she said.Three weeks ago, Krey Distributing Company, the wholesale company for Anheuser Busch, released hemp-derived Delta-9 THC drinks, and it’s already selling them to nearly 120 bars, liquor stores and convenience across the state.The products aren’t made using a chemical conversion process, so they wouldn’t be banned if the legislation goes into effect. But sales would definitely plummet if they could only be sold in dispensaries, said Steven Busch, the company’s president.“This legislation would really hurt our business,” Busch said. “It would also limit the business our customers are doing already, and it would also limit consumer choice by forcing consumers to go into a dispensary to buy these products.”

Eric Lee

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St. Louis Public RadioMissouri State Sen. Karla May, D-St. Louis, speaks during a press conference last February in St. Louis’ Midtown neighborhood.

Pushback from both sidesHemp is often known for being the part of the cannabis plant that doesn’t get people high.It’s full of CBD, a nonpyschoactive cannabinoid that helps people relax and often found in massage oils and sleep aids.But much has changed since hemp was taken off the controlled substance list in 2018 by the last U.S. Agriculture Improvement Act, more commonly known as the farm bill.Now state regulators can barely keep up with the constantly evolving ways that people have found to make intoxicating products from hemp — largely through a chemical process of converting CBD to THC. The market for things like Delta-8 drinks and edibles is one of the fastest growing markets in the country.The fact that it is legal federally was the basis for St. Louis Democratic Sen. Karla May’s opposition to a bill sponsored by state Sen. Nick Schroer, a Republican from Defiance.“The feds are not stopping the sale of this product,” May said, during a Senate floor debate last week. “What you’re saying is we need to shut down all the businesses that are currently selling this product and making revenue from this product, and then transfer them to all of the people that have gotten marijuana licenses.”While May was the most vocal critic in the Senate last week, both Republican and Democratic lawmakers have pushed back on the idea of forcing the hemp industry under the umbrella of DHSS, saying that would allow the “marijuana monopoly” to take over this market given the limited number of licenses for dispensaries available.After voters passed a constitutional amendment allowing medical marijuana in 2018, competition for licenses became fierce when the state capped the number of applications it would approve — initially issuing 338 licenses to sell, grow and process marijuana.Widespread reports of irregularities in how applications were scored fueled criticism of the industry and accusations that insiders were building a monopoly. That criticism spilled into the campaign to legalize recreational marijuana in 2022, though the proposal still won voter approval.Some applicants who didn’t land medical marijuana licenses turned to producing hemp-derived THC products.May and others have expressed concern that because hemp is federally legal, lumping it in with the regulations of a controlled substance could result in lawsuits.Schroer told The Independent in December that he’s closely watching the ongoing legal case of Robertsville-based marijuana manufacturer Delta Extraction.Delta Extraction had itslicense to manufacture cannabis products revoked in November, months after a massive recall pulled more than 60,000 products off the shelves — which the state says were illegally made with a hemp-derived THC concentrate imported from out of state.While hemp is federally legal, state regulators argue that once hemp-derived THC comes into the marijuana realm, they can regulate it.The question currently before the Administrative Hearing Commission is whether or not Missouri regulators have the authority to prohibit licensed companies from infusing Missouri-grown marijuana products with hemp-derived THC.If the company loses its appeal before the commission, then Delta will continue to fight in court, the company’s attorneys have said.And Delta will be arguing the state has no authority to regulate hemp products at all.“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,” Delta’s attorney, Chuck Hatfield, wrote in a recent letter to the state.Interestingly, one of the processes the state cracked down on Delta for wouldn’t be banned under the Schroer’s bill. Delta was importing THC-A, a cannabinoid that’s extracted from the hemp plant the same way it is with marijuana. It did not go through the banned chemical conversion process, and Moore said the THC-A process would likely be allowed.However, state rules also require that THC in marijuana products can only be derived from marijuana cultivated by a Missouri-licensed cultivation facility. Most hemp-derived THC is currently brought in from other states.

Rebecca Rivas

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Missouri IndependentJohn Pennington, CEO of Proper Brands; Jamey Murphy, chief of staff for Sen. Nick Schroer, R-St. Charles; Mitch Meyers, partner at BeLeaf Medical; Amy Moore, director of the Missouri Division of Cannabis Regulation; and John Payne, managing partner at Amendment 2 Consultants, discuss legislation late last month at an industry summit in downtown St. Louis.

Cannabis summitThe panelists at the summit Thursday were overwhelmingly in support of Schroer’s bill and the companion bill sponsored by state Rep. Chad Perkins, a Bowling Green Republican.Mitch Meyers, partner at BeLeaf Medical and another panelist at the summit, said the intent of the bill was to put the hemp-derived products under the strict packaging and other requirements that marijuana companies must go through.“So that’s why we’re just in complete amazement that this stuff just can be out there without any of these checks and balances,” Meyers said.The Missouri Hemp Trade Association has continuously advocated for measures such as prohibiting sales to minors and mandating clear user instructions and rigorous product testing.However, the association opposes requiring the products to be made and sold by marijuana licensed facilities. A number of hemp businesses testified during committee hearings in February about the harmful impact the bill would have on them.Several legislators said they were sympathetic to these businesses’ concerns and that they’d only agree to advance the bill if Schroer negotiated with the hemp industry and found a way to protect hemp businesses.At the summit Thursday, Jamey Murphy, Schroer’s chief of staff and another of the panelists, said negotiations can only go so far.“We have to make sure that when we do negotiate, that we’re doing what we set out to do,” Murphy said, “which is make sure that these things are sold in the correct way in the correct setting, and that they’re not harmful to the consumer.”The hemp association has demanded the products don’t come under the Division of Cannabis Regulation’s framework, but instead be regulated by the same rules that tobacco and alcohol products abide by under the Department of Public Safety’s Division of Alcohol and Tobacco.Murphy said he’s not sure they have a “perfect solution” to solve these differences.“There’s some other bills in other states that we’re definitely going to look at to see if we could solve some of those,” he said. “I wouldn’t say that the bill we have now is potentially the bill that we can get across the finish line.”This story originally published in The Missouri Independent, part of the States Newsroom.

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Laclede’s Landing is moving from nightlife hub to neighborhood

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Laclede’s Landing has cycled through many identities throughout the history of St. Louis. Now, some people involved with its redevelopment in recent years hope the landing’s next one will be as a residential neighborhood.The small district tucked directly north of the Gateway Arch National Park has quietly undergone a massive redevelopment with more than $75 million pouring into the rehabilitation of many of the historic buildings at the landing.“We are starting to feel that momentum, especially in the last really 60 days. Things have drastically changed around here,” said Ryan Koppy, broker and owner of Trading Post Properties and the director of commercial property for Advantes Group.Advantes alone shouldered the rehabilitation of six of the historic buildings, which now sport a mix of apartments and retail or office space, he said. Four of those buildings are completed, and of the 119 apartments available, about 90% are filled, Koppy said.“It just shows you what kind of demand we do have for the area,” he said. “We’re separated from downtown a little bit, and for the tenants, their local park where they’re walking their dogs, it’s a national park.”

Sophie Proe

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St. Louis Public RadioInterior of the Peper Lofts at Laclede’s Landing on Aug. 16

Another 40 apartments are set to come online next year along with some retail space, Koppy said. He added he’s noticed a wide range of people who are considering and moving into the newly refinished apartments.“It’s very mixed, surprisingly,” Koppy said. “We have a lot of young professionals, maybe on their second job out of [university], we have some empty nesters too.”Part of the newfound momentum comes from a new market, the Cobblestone, and coffee shop, Brew Tulum, opening recently and bringing more foot traffic to the area, said Brandyn Jones, executive director of the Laclede Landing Neighborhood Association. She added that more apartments are set to come online within the next few months.“We have a great riverfront area here and so there are plans in the works to activate those spaces, bring people in,” she said.That could be more daytime events, like a farmers market, music festivals (one of which is happening this weekend) or just bringing in food trucks to Katherine Ward Burg Garden, Jones said. It’s a departure from the identity the district held a few decades ago as a hub for nightlife and entertainment.“That’s part of what connects so many people to Laclede’s Landing,” Jones said. “It’s important to tell the story of where we’re evolving. It won’t be what it was in the same exact way, but it will still be fun, and it can be fun early morning, midday or late night.”It’s a view shared by Koppy.“It’s grown up, it’s a bit mature,” he said. “We’re not going to have 3 a.m. bars here anymore because we have residents here.”Koppy added that Advantes is joined by other developers working to rehabilitate buildings in the district.“We all work in unison,” he said. “If I get a call and [a client is] asking for something and maybe the square foot doesn’t really match up with what I have available, but I know it matches up over there, they’re getting a very warm welcome and introduction.”

Sophie Proe

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St. Louis Public RadioRyan Koppy looks out the window of Brew Tulum Specialty Coffee Experience on Aug. 16 at the Cobblestone on Laclede’s Landing in downtown St. Louis.

This push toward making Laclede’s Landing a residential neighborhood also comes alongside broader conversations about the future of downtown St. Louis more generally as it looks to move away from a dependence on office space. While the city as a whole continues to lose population, downtown added about 1,700 people between 2010 and 2020, according to U.S. Census data.“It’s been wonderful timing to have all that going on, that stress that you’re not just in downtown to work has been critical to part of this rejuvenation and energy down here,” Jones said. “Sometimes people forget Laclede’s Landing is part of downtown, really the original downtown.”And success in the small district could spread beyond its small confines and potentially serve as a model for success, Koppy added.“My idea is, if we could get all the great things of St. Louis coming in through here, we can eventually spread that,” he said. “We understand we can’t change the whole world, but we’ll just make the effort to try and change the world around us.”

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St. Louis barbecue festival Q in the Lou canceled

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The largest barbecue competition and tasting festival in St. Louis, Q in the Lou, has been canceled. The event was planned for Sept. 6-8, but organizers decided to cancel it due to poor ticket sales and insufficient corporate sponsorship.The traveling festival had low attendance in Denver last week, said Sean Hadley, a festival organizer.“We made the tough decision to cancel Q in the Lou,” said Hadley. “We’re seeing a lack of support … it’s just not there.”The traveling event first came to St. Louis in 2015 and drew hundreds of people to downtown St. Louis for barbecue, live music and a “major party.”“It shut down out of the blue … I’ve gone every year,” said Scott Thomas, local chef and food blogger. “It’s brilliant. You could take a tour of some really amazing barbecue restaurants and competition barbecue guys all in one place.”In a late July news conference, city officials touted Q in the Lou as a significant tourism draw and a boost for downtown revitalization.“Bringing a signature national festival back to downtown St. Louis … is making us stronger,” Greater St. Louis Inc. CEO Jason Hall said then.Less than a month later, ticket holders from every festival stop learned they’d be refunded. On Monday, organizers privatized the Q in the Lou website and deleted its social media accounts.Conner Kerrigan, a spokesperson for Mayor Tishaura Jones’ office, said city officials are disappointed the festival won’t be back this year.“St. Louis knows how to throw a festival … bringing people together to celebrate our culture is one of the things we do best as a city,” Kerrigan said in a statement. “Should Q in the Lou try to come back next year or any year after that, they’ll have the support of the Mayor Jones administration.”

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Alton’s Jacoby Arts Center likely to relocate permanently

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The Jacoby Arts Center, a staple of Alton for many in the Metro East community, will likely permanently move out of its downtown building at the end of September.Its departure and relocation from the historic building that the arts center has called home for the past 20 years has created a tense situation for not only the arts center’s supporters but also the local development company working to revitalize Alton’s downtown that owns the building.“It’s an unfortunate situation,” said Chad Brigham, the chief legal and administrative officer with AltonWorks, the real estate company owned by another prominent local attorney working to develop the town. “I wish there wasn’t misunderstanding and disappointment in the community. It’s difficult sometimes to clarify that.”When news of the likely departure spread in June via a letter from the Jacoby Arts Center to its supporters, an outcry on social media quickly followed. Some assumed it would be the end of the arts center.“There’s a lot of feelings right now that I think are more about the building itself than there are about the Jacoby Arts Center,” said Valerie Hoven, vice president and treasurer of the nonprofit arts center’s board.For supporters of the Jacoby, moving from the building and likely never returning will be a sad affair. Exactly what’s next for the arts center remains unclear. However, Jacoby board members believe this will not be the end of the organization. It will likely look different though.

Sophie Proe

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St. Louis Public RadioThe Jacoby Arts Center earlier this month in downtown Alton

Sophie Proe

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St. Louis Public RadioThe Alton-based Jacoby Arts Center features more than 75 St. Louis-area artists and their work.

The history of the buildingFirst dubbed the Madison County Arts Council, the nonprofit arts center renamed itself after the Jacoby family gave it the current building in 2004. AltonWorks founder John Simmons purchased the Jacoby Building in September 2018, according to property records from the county.Managing the large building, at 627 E. Broadway, became too expensive for the Jacoby Arts Center. In 2018, the organization approached Simmons to purchase it, said Dennis Scarborough, a past president of the board and a downtown business owner.“Of course, it sounded really, really good,” Scarborough said of Simmons’ purchase. “He took over the insurance, property taxes, all those kinds of things that were really, really getting into our budget, and he rented it to us at a fair price.”The two parties entered into a lease agreement initially for five years. Since then, Simmons has spent more than $1 million in upkeep, taxes, insurance and more on the building. The lease has been extended twice until the end of September this year.Over the six years, Jacoby paid $1,500 per month, which covered a portion of the utilities.“It’s been wonderfully generous of AltonWorks,” Hoven said.Because the building is aging and needs repairs, Brigham with AltonWorks and those connected to the arts center have long known the Jacoby Arts Center would need to relocate — at least temporarily.

Renovations on the Jacoby building will begin this fall. They’ll include modernizing the aging building, repairing the old elevator and putting in apartments on the second and third floors.

News of the likely departure and controversyRenovations will begin this fall. They’ll include modernizing the aging building, repairing the old elevator and putting in apartments on the second and third floors.In May, it became clear that a preliminary proposal for the arts center to return to the building after renovations finished in 2026 would not work for them, Hoven said.She estimates the first floor and basement of the Jacoby Arts Building span roughly 20,000 square feet.

Chad Brigham is a business and legal adviser for AltonWorks.

AltonWorks’ initial idea floated to the arts center would only provide 2,553 square feet, according to both Hoven and Brigham. While the board calculated the price for the new space to be at least triple the current payment, Brigham said there was never a specific price discussed.“No discussion in terms of actual rent price,” he said.AltonWorks didn’t make a specific rent offer because the organization doesn’t even know itself, Brigham said.In addition to cash from John Simmons, there will be loans, tax increment financing and state tax credits to cover the $20 million in building renovations. The entities financing the cost of renovations will also help determine the rent when the construction is complete, Brigham said.Regardless, the price required to return will be too much for the arts center to pay, Hoven said. Also, the organization would like to maintain the many programs it offers to the community — a rentable event space, a dark room and a clay studio, for example — in the future.“For us to really meet the needs of the community and be sustainable, we need a space where we can offer some of those programs — the artists’ shop, and other spaces that offer some kind of income as well — so that we can continue to give money back to the community,” she said.AltonWorks offered at least two other locations as possible alternatives from their vast stock of buildings along Broadway to house the arts center during the roughly 18 months of construction. Those alternatives came with similar deals requiring the Jacoby to cover only utilities, Brigham said.“We did put in a great deal of work behind the scenes in trying to find an interim solution,” Brigham said. “We wanted to find a place for them to go, where it was easy for them to continue programming, whether it’s 100% of it or some portion of it, that would work for them.”Initially, the arts center hoped to keep the basement during the renovations, Hoven said. When it became clear the preliminary offer to return was for much less space than the arts center anticipated, the letter to the community was sent.“The letter that came out was merely showing our surprise,” Hoven said. “Don’t misinterpret it as panic. Don’t misinterpret it as desperation.”

Sophie Proe

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St. Louis Public RadioA smorgasbord of radios are displayed at the Jacoby Arts Center in Alton.

The commentary on social media was passionate. Some critics of AltonWorks said the organization has good intentions but hasn’t executed those plans. Others said Jacoby hasn’t planned well enough for the future.For Brigham and the AltonWorks team, some of the criticism has been disappointing.“I thought that there were some decent solutions. Were they perfect? No, but they were very, I thought, very good solutions,” he said. “And the fact that it has come to the point that it is right now is a bit hurtful.”AltonWorks remains committed to the arts, Brigham said. John Simmons remains one the largest donors of the Jacoby Arts Center, Hoven and Brigham said.“I don’t think there’s ever been a question of our support of that organization — of our affinity for that organization,” Brigham said. “While some of the events were unfortunate, some of them were encouraging. The entire community rallied around the Jacoby Arts Center. That’s a good thing. It’s a good thing to have a love for the arts like that in a downtown community.”Sara McGibany, the executive director of Alton Main Street, an organization aimed at preserving the town, said AltonWorks should be commended for its vision. In many ways, her organization and AltonWorks share a vision for a thriving downtown.Even though AltonWorks hosts public meetings, McGibany believes the current situation lacks true community engagement.“We really think that if AltonWorks can get past some of the communication hurdles — and harness the community’s passion and shift to more of a bottom-up decision-making process that centers on community input — then we can turn around the growing sentiment of distrust that’s happening now,” McGibany said.Scarborough, the past board president and downtown business owner, echoed the praise for Simmons and his support of the Jacoby Arts Center. With the Jacoby likely moving, the future looks bleak, though.“It’s a community arts center that does a lot of good work,” Scarborough said. “The community is going to suffer, and they’re going to be missed by the community if they’re not there.”

Eric Lee

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St. Louis Public RadioShalanda Young, director of the federal Office of Management and Budget, talks to Illinois U.S. Rep. Nikki Budzinski, D-Springfield, during a tour of a construction project by AltonWorks last April in Alton. AltonWorks, who is building the LoveJoy Apartment Complex is receiving over $1 million in federal funding.

What does the future hold?AltonWorks will continue forging ahead with its ambitious plans to revitalize Alton. The organization hopes to conclude construction on the Wedge Innovation Center, which will have a restaurant, retail and co-working space, this fall. Lucas Row, a mix of apartments and retail space, is scheduled to be completed next spring.The remainder of the arts and innovation district, currently named after the Jacoby, will also move forward.“I believe in two years it’s going to be a much different place,” Brigham said of Alton. “It’s going to be thriving. It’s going to be new businesses, new tenants — and it’s going to be a nice proof of concept for what you can do in a small community like that.”The Jacoby board recently formed a strategic planning committee. Its task: figuring out what’s next for the arts center. The committee will reevaluate what space the Jacoby needs, what programs it wants to offer to the community and how they want to make that a reality.Keeping the arts center is essential for board members like Hoven. In her experience, it’s been a place where local aspiring artists get their start.“Art is one of the only ways to show your true authentic self,” Hoven said. “And there’s more people than I realized who do not get that opportunity every day.”The Jacoby will shut its doors to pack over the next month. Hoven said she’s optimistic the board will have concrete plans by the end of September when their lease officially ends.“Alton is such a fabulous and supportive community,” she said. “We still have lots of great options, so that the Jacoby Arts Center will continue to thrive in Alton and beyond.”

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