Missouri AG promises ‘more lawsuits’ against retailers selling illegal marijuana

Missouri’s crackdown on intoxicating hemp products is already underway, a week before a new state law threatens to push thousands of businesses out of the market.

Attorney General Catherine Hanaway announced four new lawsuits Wednesday against retailers accused of illegally selling marijuana disguised as hemp. That same day, a federal judge dismissed a hemp industry challenge to the law, clearing another obstacle to its Nov. 12 implementation.

Now, some hemp business owners hoped to burn their products on the steps of the Missouri Capitol on Veterans Day, one day before the new restrictions take effect. But they were denied a permit because “open flames” are prohibited on Capitol grounds.

Hanaway told The Independent in an interview Wednesday that she didn’t need to wait for the new law to go after stores selling what’s known as “THCA flower,” a product that becomes intoxicating when smoked just like marijuana. She said laboratory test results posted on the stores’ own websites show they are selling marijuana without the required state licenses.

“The bottom line is: marijuana is legal in Missouri,” Hanaway said. “Great, just comply with the law. We have so many of these shops that are selling it, and some of them very openly and notoriously claiming that they’re selling marijuana.”

Hanaway said her concern is that products sold outside Missouri’s licensed marijuana system aren’t subject to the same state testing and safety requirements, potentially exposing consumers to harmful metals or other contaminants.

The new law tasks Hanaway’s office – along with the Missouri Department of Health and Senior Services, the state’s cannabis regulatory agency – with enforcement. The department previously estimated that 40,000 food establishments and smoke shops and 1,800 food manufacturers could potentially be affected by a state ban on intoxicating hemp products, “but the majority of these facilities are at low-risk of requiring investigation.”

After Nov. 12, Hanaway’s office will have “more tools at our disposal” to go after law breakers.

“You’re going to see more lawsuits,” she said. “The law is stronger and easier for us to enforce.”

Under the new law, products containing more than 0.3% total THC, including THCA, generally fall outside the state’s definition of hemp. Finished hemp-derived cannabinoid products also face a limit of 0.4 milligrams of THC per container. Intoxicating products that fall under the new restrictions can be sold only through Missouri’s licensed marijuana system.

The law establishes Missouri’s first comprehensive restrictions on intoxicating hemp products. Similar bills had been debated since 2023 but failed to pass. In the absence of comparable state oversight, smoke shops have been able to sell intoxicating hemp products containing as much as 1,000 milligrams of THC outside Missouri’s licensed marijuana dispensaries.

Under existing federal law, hemp is defined largely by its concentration of delta-9 THC. Missouri’s new law, like pending federal restrictions, takes a broader approach by counting other forms of THC, including THCA.