Objection to SB 54

To Whom it may concern:

Senate Bill 54 is in direct conflict with the United States Constitution, the Missouri Constitution, and federal statutory law. The measure constitutes an overreach by the Missouri legislature into areas preempted by federal authority, improperly attempts to amend constitutional definitions outside the ballot process, and infringes on First Amendment rights.

I. Violation of Missouri Constitution, Article XIV

Missouri's Constitution explicitly defines industrial hemp as separate and distinct from marijuana:

“‘Marijuana’ ... does not include hemp, as defined by Missouri statute, or commodities or products manufactured from industrial hemp.”

Any legislative effort to merge or reclassify these two categories must be submitted to the voters. SB 54 bypasses this constitutional requirement and therefore constitutes an improper legislative amendment of the state constitution.

II. Violation of Article I, Section 2 – Equal Rights and General Welfare

Article I, Section 2 of the Missouri Constitution affirms that all constitutional government exists to promote the general welfare and ensure equal rights under the law. SB 54 subverts this by establishing protectionist economic advantages for one class of licensees, federally illegal marijuana dispensaries, while prohibiting economic participation by hemp farmers and retailers engaged in a federally legal industry.

III. Violation of Article I, Section 35 – Right to Farm

SB 54 contradicts the constitutionally protected right of Missouri citizens to engage in “modern farming and ranching practices.” Hemp cultivation, extraction, and product development are all considered federally legal agricultural practices under the 2018 Farm Bill. Reclassifying these activities as criminal or exclusive to another licensing structure impedes the exercise of a fundamental constitutional right.

IV. Violation of Article I, Section 8 – Freedom of Speech and Commerce

SB 54 imposes content-based restrictions on commercial speech by prohibiting the use of the word “dispensary” by non-marijuana businesses. This constitutes a viewpoint-based restriction on protected speech in violation of the First Amendment to the United States Constitution and Article I, Section 8 of the Missouri Constitution. Longstanding businesses and associations unrelated to cannabis, such as The Optical Dispensary or historical organizations like the St. Louis Obstetric Hospital and Dispensary Association, would be forced to rebrand despite no public safety rationale.

V. Violation of Federal Law and Supremacy Clause

The definition of hemp, as codified in the 2018 Farm Bill and adopted into Missouri law, includes:

“... all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers... with a total delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

This federal definition preempts conflicting state legislation under the Supremacy Clause of the U.S. Constitution. SB 54 attempts to redefine or restrict the lawful use, distribution, and classification of hemp and its derivatives, thereby entering into a domain governed by federal law.

VI. Circumvention of Constitutional Process

Any alteration to constitutionally defined terms or protections must occur through a vote of the people. SB 54’s statutory approach to override constitutional text subverts the democratic process and erodes the principle of separation of powers between the legislative body and the citizenry.

As veterans, we take grave umbrage with these coordinated legislative attacks on the Constitution. We are federally licensed to grow hemp under the USDA Hemp Program. If SB 54 becomes law, and restricts sales of federally lawful hemp products, we will respond in kind: we will lease 100 acres, cultivate compliant THCA flower, and distribute it free of charge next to every dispensary in Missouri. The law cannot prohibit possession—only sales—and we will continue to exercise our rights within the bounds of both state and federal law.

Respectfully,

Kara and John Grady

Slaphappy Beverage Company LLC