By Federal Judge Dismisses Hemp Industry Challenge
A federal judge dismissed a hemp industry challenge to Missouri’s new intoxicating hemp law, clearing an obstacle to its November 12 implementation. The lawsuit was filed in July in the U.S. District Court for the Western District Missouri by plaintiffs led by the Missouri Hemp Trade Association.
The plaintiffs argued the state created overlapping definitions, under which a product could be classified as legal “hemp” in one part of state law and illegal “marijuana” in another. They said this leaves businesses unsure what they can legally sell when the law takes effect.
The dismissal came the same day Attorney General Catherine Hanaway announced four new lawsuits against retailers accused of illegally selling marijuana disguised as hemp. Hanaway told The Independent in an interview Wednesday that she did not need to wait for the new law to go after stores selling “THCA flower,” a product that becomes intoxicating when smoked.
She said laboratory test results posted on the stores’ own websites show they are selling marijuana without required state licenses. “The bottom line is: marijuana is legal in Missouri,” Hanaway said. “Great, just comply with the law.”
Hanaway said products sold outside Missouri’s licensed marijuana system are not subject to the same state testing and safety requirements, potentially exposing consumers to harmful metals or other contaminants.
What the New Law Does
Under the new law, products containing more than 0.3 percent 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, after similar bills debated since 2023 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 licensed dispensaries. The Missouri Department of Health and Senior Services previously estimated that 40,000 food establishments and smoke shops and 1,800 food manufacturers could potentially be affected.
The department said “the majority of these facilities are at low-risk of requiring investigation.” The law tasks Hanaway’s office and the department with enforcement.
After November 12, Hanaway’s office will have “more tools at our disposal,” she told The Independent. “You’re going to see more lawsuits,” she said.
Business Owners Plan Protest
Some hemp business owners hoped to burn their products on the steps of the Missouri Capitol on Veterans Day, one day before the restrictions take effect. They were denied a permit because “open flames” are prohibited on Capitol grounds.
John Grady, a veteran who owns Slaphappy Hemporium in Rosebud, said he got into hemp farming and retail because his disabled veterans payments would be jeopardized in the federally illegal marijuana market. His business produces intoxicating hemp beverages, which will remain on shelves until December 11 under Missouri’s law.
