Update 8/29/2024, 12:55 pm
Yesterday, for a second time, Secretary of State Jay Ashcroft rejected an emergency amendment filed by the Departmet of Public Safety regarding the DHSS embargo on hemp-derived cannabis products. Secretary Ashcroft said the Parson administration failed to provide the required legal justification for the emergency amendment.
We are thankful that Secretary Ashcroft used his authority to stop this emergency amendment. Had it been allowed to go through, it would have done much more than enforce a DHSS embargo on hemp products. It would have given blanket authority to DHSS to control the products available to consumers. The Secretary of State’s job per Missouri statute RSMo 536.025 is to hold the governor’s agencies accountable to provide “specific facts, reasons, and findings which support the agency’s conclusion” that any emergency rules they file meet the statutory requirements.
Update 8/28/2024, 11: 20 am
On Thursday, August 22nd, the Department of Public Safety refiled the emergency amendment mentioned in the article below with a revised emergency statement.
We have also learned that the proposed version of the amendment, titled 11 CSR 70-2.120 mentioned in the article below and with the same text, will be published as filed on August 16th in the October 1st edition of the Missouri Register. Since the publication date of a proposed rule in the bi-monthly Missouri Register triggers the 30-day comment period, the comment period for this proposed rule will begin October 1st. Stay tuned for an action alert opposing that rule.
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A big story is taking place right now in the office of administrative rules. Earlier this month, Secretary of State Jay Ashcroft blocked a Public Safety Emergency Amendment (meaning a change to an existing rule) that would give blanket authority to DHSS to control the products available to consumers.
The rule includes this sentence. “No retailer shall sell, or deliver, hold or offer for sale any food, drug, device or cosmetic that has been embargoed by the Department of Health and Senior Services pursuant to [state statute.]”
This means DHSS could embargo “any food, drug, device, or cosmetic” and take it off the market without future rule promulgating procedures.
With no bill or even a new rule, DHSS could forbid the selling of locally produced farm products, or any other product the government doesn’t like.
https://www.documentcloud.org/documents/25057131-proposed-rules-for-executive-order
Secretary Ashcroft blocked the “emergency” version of this amendment, which would have made it immediately enforceable. The only thing Public Safety can do now is publish the Proposed version, which would require a month of public comment and JCAR oversight before becoming permanent.
The comment period for this proposed rule doesn’t start until it is published in the bi-monthly Missouri Register. The Aug 31st issue is due any day. If this rule change appears in that edition, IHC will issue a call to action asking everyone to submit a public comment to Public Safety opposing it.
What can you do now? Write a letter to Secretary Ashcroft and thank him for standing up for Missourians by blocking this unconstitutional rule filed by the Department of Public Safety. We appreciate principled public servants who take their oath seriously.
Secretary John Ashcroft
State Information Center
PO Box 1767, Third Floor
Jefferson City, MO 65102
