Nov. 12: Federal judge dismisses hemp industry challenge to Missouri's intoxicating hemp law as AG Hanaway sues four retailers

Missouri's new law restricting intoxicating hemp products is on track to take effect Nov. 12 after a federal judge dismissed a hemp industry challenge to it, KY3 reported Wednesday. On the same day, Missouri Attorney General Catherine Hanaway announced civil lawsuits against four retailers that her office accuses of selling illegal marijuana products disguised as legal hemp.

According to KY3, the U.S. District Court for the Western District of Missouri dismissed a challenge that sought to block House Bill 2641, the state law that closes what supporters call Missouri's "hemp loophole." The station reported that the plaintiffs had argued the restrictions were preempted by the federal Farm Bill and violated interstate commerce protections, and that the court rejected those claims, affirming the state's authority to regulate and restrict consumable, intoxicating hemp-derived cannabinoids such as Delta-8, Delta-10 and synthetic THC compounds. KY3 reported that state regulators and law enforcement agencies are set to begin full enforcement of the law on Nov. 12. Hemp Law Watch has not reviewed the court's written order, and KY3's report did not include a response from the plaintiffs.

The four lawsuits

KY3 reported that the Attorney General's Office filed civil lawsuits in state circuit courts against four businesses: Puffers Choice LLC in Aurora (Lawrence County), CBD Kratom Cannabis Dispensary in Des Peres (St. Louis County), Herb Depot in Independence (Jackson County) and Token THC Dispensary in Rock Port (Atchison County).

According to the state's petitions, as described by KY3, the retailers marketed intoxicating products as federally legal industrial hemp even though chemical testing showed the items exceeded legal THC thresholds and legally constituted marijuana. Prosecutors also allege the stores misled consumers by advertising themselves as state-licensed dispensaries and by implying that their products met Missouri's regulated cannabis testing, packaging and safety standards. These are allegations in civil complaints; none of the businesses has been found liable, and KY3's report did not include responses from them.

"Missourians deserve honesty and legality from the businesses operating in their communities. The days of drug pushers masquerading as licensed dispensaries are over," Hanaway said, according to KY3. "These businesses concealed the true nature of their products, misled consumers, and put profits ahead of public safety."

The state is seeking civil penalties, permanent injunctions and restitution, KY3 reported. In the petitions against Puffers Choice, CBD Kratom and Herb Depot, prosecutors are also asking judges to declare the stores statutory "drug-den" public nuisances under Missouri law. State officials urged consumers who suspect a business is falsely marketing intoxicating THC products or operating as an unauthorized dispensary to file a complaint with the Attorney General's Office.

What HB 2641 does

Gov. Mike Kehoe signed HB 2641 on April 23, the Missouri Independent reported at the time, in a move that will take intoxicating hemp products off store shelves starting Nov. 12, including THC seltzers sold in bars and grocery stores. The Independent reported that the legislation largely aligns state law with the federal hemp changes Congress approved in November 2025, and that it passed with 151 votes in favor and 28 against across the House and Senate combined, according to Kehoe.

Under the bill, the Independent reported, if Congress reverses course and allows the sale of these products, Missouri would permit them only in licensed marijuana dispensaries. If Congress delays the federal ban for a couple of years, Missouri law would still ban all such products except intoxicating beverages. The bill's sponsor, Rep. Dave Hinman, a Republican from O'Fallon, said it gives state law enforcement and prosecutors the authority to enforce the federal hemp ban and "brings order to an unregulated marketplace by directly mirroring federal standards."

Supporters at the April signing pointed to packaging that mimics snack brands. Sen. David Gregory held up a package that looked like Oreo cookies and said it "actually has THC in it," the Independent reported. Sarah Willson, director of the Missouri Department of Health and Senior Services, said in a statement to the Independent that "children in Missouri and across the country have been hospitalized due to accidental ingestion."

The Missouri Hemp Trade Association opposed the bill, saying in a statement reported by the Independent that it "effectively dismantles an industry built by real Missourians who have operated in good faith under existing federal and state law." The association gathered 10,000 handwritten letters asking Kehoe to veto the bill, the Independent reported.

The industry's lawsuit

On July 16, a coalition made up of the Missouri Hemp Trade Association, Wisconsin-based Lifted Liquids Inc. and St. Louis-based MNG 2005 Inc. sued in the Western District of Missouri to stop the law, according to the Missouri Independent and the association's announcement. The Independent reported that the suit argued the law contains "unconstitutionally vague" definitions that treat the same products as both "hemp" and "marijuana" in different provisions, and that it restricts who may transport hemp through the state. The coalition's press release said the law's effective-date provisions were "so convoluted that businesses cannot determine which products are covered or when."

"This isn't consumer protection," association president Jay Patel said at the time, according to the Independent. "It's the elimination of an entire legal industry coupled with a government-mandated monopoly." Rep. Hinman called the lawsuit a "Hail Mary" and said Missouri "will mirror the federal government."

The attorney general's earlier enforcement

Wednesday's lawsuits build on enforcement Hanaway's office has pursued under the state's consumer-protection law. On Nov. 24, 2025, her office announced a statewide investigation into sellers of intoxicating cannabinoids, starting with five civil investigative demands to retail smoke shops. On March 25, 2026, the office said it had sent 33 cease-and-desist letters to unlicensed retailers selling intoxicating cannabis and marijuana products: 18 in the St. Louis region, 13 in the Kansas City region and two in the Springfield region. The office said lab testing found that many of those businesses sold products containing contaminants such as lead, arsenic and mercury.

The federal deadline

Missouri's Nov. 12 date matches the original effective date of the federal hemp changes. The federal restrictions are now scheduled to take effect Dec. 11 after a delay, The Marijuana Herald reported Wednesday. Under those changes, finished hemp-derived products containing more than 0.4 milligrams of total THC and similar intoxicating cannabinoids per container will no longer qualify as federally legal hemp. Some businesses are still lobbying Congress for a regulated path for low-dose THC drinks before then; the Herald reported Wednesday that Total Wine & More has added an outside lobbying firm focused on hemp-derived beverages.

What happens next

Barring further court action, Missouri's restrictions are set to take effect Nov. 12, with enforcement by state regulators and law enforcement, according to KY3. The four civil cases will proceed in state circuit courts. Hemp Law Watch will update this report when the court's order, any appeal or responses from the named businesses become available.

This report is for general information only and is not legal advice.