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Cannabis business owners and the state are at odds over packaging and labeling approvals

Hundreds of cannabis plants sit in a humidity-controlled grow room on Thursday, Jan. 18, 2024, at Sinse Cannabis’ cultivation center in Benton Park.
Brian Munoz
/
St. Louis Public Radio
The Division of Cannabis Regulation is denying claims there is a backlog of label and packaging submissions waiting for approval.

The clock is winding down for Missouri cannabis licensees to have compliant labels and packaging.

Some Missouri cannabis business owners are scrambling to meet the Sept. 1 deadline. They say their label and packaging approval submissions are currently collecting dust with the Missouri Department of Health and Senior Services’ Division of Cannabis Regulation.

“There’s just a frustration with how long it’s taking and the process in general,” said Nicholas Rinella, CEO of Hippos Cannabis. “I’ve spent a lot of my time over the last 18 months on packaging and recalls.”

Typically, submission processing takes 35 to 50 days, according to the Division of Cannabis Regulation.

But Rinella said his submissions have been pending for roughly four months, with no communication on what’s holding them up. He’s concerned that a potential backlog within the division might put his business at risk of noncompliance.

The division's resources are limited, Rinella said, and there were already "tens of thousands" of new product lines in the system. "That’s a lot to filter through and review,” he said.

The division provided an extension to licensees in February. The deadline shift from May 1 to Sept. 1 was in response to licensees’ concerns that global shipping delays would prevent them from receiving compliant packaging.

Updated compliance rules require that packages be mostly a single color; logos on packaging can’t include animals, fruits or humans, and the word marijuana must be clearly labeled on the package. The goal is to prevent children from consuming it by accident.

Despite worries of a backlog, division Director Amy Moore said that’s not the case.

“We have data that shows when an application is filed and when it is approved or denied,” Moore said. “There is nothing pending beyond the 60 days. So, if a licensee believes that is the case, they really should be reaching out to their compliance officer. So that we can help them understand why it is not the case.”

According to DCR data, since the packaging, labeling and product approval process started last September, a total of 149,974 applications have been submitted.

Within the last 60 days 73,674 applications have been submitted for review. Currently, 64,244 application submissions are pending within that 60-day window. Since September, 58,763 applications have been approved.

Rinella said he is hopeful that the division will issue another extension, but Moore said that is unlikely.

“Ultimately, when we are looking at health and safety, and we know that licensees have had a year beyond the actual rule requirement when they needed to be in compliance. I think we’ve reached the point where we can’t keep putting this off.”

Licensees selling noncompliant products after Nov. 1 will receive a notice of violation with steps to correct it. Further inaction could result in fines, penalties, suspension or revocation.

Marissanne is the afternoon newscaster at St. Louis Public Radio.