Missouri Marijuana Companies Sue Smoke Shops Over Sales of THCA Hemp Flower
A coalition of marijuana companies in Missouri has filed lawsuits against nearly 40 smoke shops and hemp businesses in the Kansas City area, accusing them of illegally selling marijuana under the guise of “THCA hemp flower.” The lawsuits claim that the unregulated sales of THCA hemp flower are creating an uneven playing field and undercutting the state’s regulated cannabis market.
The lawsuits, filed on behalf of roughly 20 marijuana companies, target major hemp chains such as American Shaman and CBD Kratom, as well as smaller businesses. The companies are seeking monetary damages and a permanent injunction to stop the sale of THCA hemp flower.
The companies argue that the sale of THCA hemp flower is illegal because it is chemically identical to marijuana, and that it is being sold without regulation, testing, or compliance costs. They also claim that the sale of THCA hemp flower is creating an unfair competitive advantage for businesses that are not licensed to sell marijuana.
The hemp industry, however, argues that the products are legal under federal law and that they are being sold in compliance with federal regulations. According to Brian Riegel, a leader with the Missouri Hemp Trade Association, the products are tested to ensure that they contain less than 0.3% delta-9 THC, the intoxicating component of the cannabis sativa plant.
The association is supporting the businesses being sued in their legal defense and argues that the lawsuits are an attempt to stomp out competition and engage them in a costly and time-consuming process.
The issue is set to be debated in Missouri’s state legislature next week, with proposed bills that would bring the state in alignment with the new federal definition of hemp, which prohibits hemp products from containing more than 0.3% total THC. The bills would allow Missouri to sell THCA hemp flower products if Congress permits the sale.
In the meantime, some businesses are continuing to sell THCA hemp flower products, including a gift shop in University City that has been allowed to continue selling the products by local police. The shop’s owner, Nicholas Thomas, plans to continue selling the products until the federal law changes in November.
The lawsuits highlight the ongoing debate over the regulation of THCA hemp flower and the impact it is having on the cannabis industry. While some argue that the products are illegal and are creating an uneven playing field, others argue that they are legal under federal law and are being sold in compliance with federal regulations.
