Missouri Hemp Stores Challenge AG’s Cease-and-Desist Orders
Dozens of Missouri hemp stores are defying the state attorney general’s orders to stop selling intoxicating products, claiming they remain legal under federal law until November.
KANSAS CITY, MISSOURI — Dozens of Missouri hemp retailers are defying Attorney General Catherine Hanaway’s orders to stop selling intoxicating hemp products, arguing their merchandise remains legal under federal law until new restrictions take effect in November.
Hanaway issued 33 cease-and-desist letters last month targeting stores across Missouri, but about half of the affected businesses maintain they comply with current federal regulations, according to the Missouri Hemp Trade Association.
Store Owners Dispute Legal Basis
The retailers question the foundation of Hanaway’s enforcement action, which relies heavily on laboratory testing conducted by the Missouri Cannabis Trade Association. The marijuana-industry group represents businesses that compete directly with hemp stores for customers.
“Missouri follows federal law, which we follow as well,” said J.C. Cirese, owner of Dr. Smoke in Kansas City. “When I started in this industry in 2019, that was what we followed, and nothing has changed — not until Nov. 12.”
The cease-and-desist orders target products like pre-rolled joints and canisters of “THCA hemp flower” that allegedly contain more than 0.3% total THC on a dry weight basis. New federal restrictions scheduled to take effect November 12 will change the regulatory framework for hemp products.
Contamination Concerns Cited
Hanaway’s office cited safety concerns in the enforcement letters, alleging some products contained harmful substances. The attorney general’s March press release stated that laboratory testing confirmed many businesses sold substances containing lead, arsenic, mercury, ethanol, and other contaminants, solvents, pesticides or unknown byproducts.
Some businesses received orders to stop selling products made to appeal to children or those containing heavy metals, pesticides or other foreign substances. However, the letters did not specify which particular products violated state law.
The enforcement action also prohibits stores from using terms like cannabis, marijuana, weed and kush that allegedly “deceive consumers” into believing the shops operate as licensed marijuana dispensaries.
Statewide Enforcement Targets
The 33 cease-and-desist letters reached businesses across Missouri’s major metropolitan areas. Eighteen stores in the St. Louis region received orders, along with 13 in the Kansas City area and two in Springfield.
Hemp retailers maintain their products fall under federal hemp regulations that permit certain THC levels. The industry argues Missouri must follow federal law until the November changes take effect, creating a legal standoff between state enforcement and federal regulations.
The dispute highlights ongoing tensions between Missouri’s licensed marijuana industry and hemp retailers who sell similar products under different regulatory frameworks. Hemp stores have operated in a legal gray area, selling products that produce intoxicating effects while technically remaining within federal hemp guidelines.
