Missouri’s Attorney General, Andrew Bailey, has issued cease-and-desist letters to 18 hemp distributors warning them to stop selling THCA flower, with more enforcement actions expected to follow. His office claims the product could mislead consumers and potentially contain psychoactive THC, challenging the state’s legal definition of hemp.
These letters, sent under the Missouri Merchandising Practices Act, accuse companies of marketing products that may not comply with state and federal hemp laws. Specifically, they question whether THCA flower, once heated (decarboxylated), could convert to high levels of THC—potentially exceeding the 0.3% THC limit under the 2018 Farm Bill.
Industry experts, including cannabis attorneys, argue that the warnings lack legal grounding. They point out that enforcing these rules should involve court orders or emergency regulations—not informal letters. Comments from legal observers note that Baileys office might better regulate through systematic lab testing and licensing rather than vague cease-and-desist notices.
Missouri’s crackdown reflects broader trends in states grappling with hemp-derived THC products. Some fear THCA flower is marketed like marijuana, while others raise concerns about labeling accuracy and youth appeal. The state’s Health Department and Alcohol and Tobacco Control now have a formal partnership to investigate non-compliant hemp products—ranging from edibles to flower.
If companies refuse to comply, regulators plan subpoenas, lawsuits and criminal referrals. The Missouri Hemp Trade Association has already threatened legal action, claiming the crackdown violates both federal law and procedural fairness.
Missouri’s actions mark a pivotal moment in the cannabis-hemp divide. Its decisions could influence regulation nationwide and affect how THCA flower is categorized, sold, and lab tested.
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