Most Missouri hemp THC products are illegal marijuana, trade group claims

# Missouri’s “Hemp” Market Under Fire: Trade Group Claims Widespread Illegal Marijuana Sales

**JEFFERSON CITY, MO** – A major Missouri cannabis industry group is sounding the alarm, alleging that the vast majority of intoxicating THC products sold as “hemp” in gas stations, smoke shops, and convenience stores across the state are, in fact, illegal marijuana. The **Missouri Cannabis Trade Association (MoCannTrade)** recently released explosive findings from an independent investigation, claiming these unregulated products pose a significant public health risk and are being sold in direct violation of state law [Source 1].

The investigation, commissioned by **MoCannTrade**, involved purchasing and testing 21 different intoxicating “hemp-derived” THC products from various unregulated retailers. According to the trade group, the results from a third-party laboratory were definitive and disturbing: **100% of the products tested were found to be non-compliant with Missouri’s cannabis regulations**.

Most notably, **19 of the 21 products—over 90%—contained delta-9 THC concentrations exceeding the legal 0.3% threshold** that separates legal hemp from illegal marijuana. Under both federal and Missouri state law, any cannabis product with a delta-9 THC concentration above this limit is classified as marijuana and is subject to strict regulation.

“These are marijuana products, plain and simple, that are being processed, packaged, and sold illegally outside of the state’s regulated and tested system,” said **Andrew Mullins**, Executive Director of **MoCannTrade**, in a statement accompanying the findings [Source 1].

## The Unregulated Market’s Failures

The lab results highlighted a cascade of regulatory failures beyond just illegal THC levels. According to **MoCannTrade**, their investigation revealed a market operating in the shadows, completely disconnected from the safety protocols mandated for the state’s legal cannabis industry. Key violations included:

* **Illegal Potency:** The vast majority of products were classified as illegal marijuana due to their high delta-9 THC content.
* **Lack of Testing:** None of the products came with the required comprehensive certificate of analysis (COA) to verify their purity and safety from contaminants like pesticides, heavy metals, or residual solvents.
* **Absence of Safety Features:** Products lacked the child-resistant packaging and mandatory state warning labels required to protect consumers and prevent accidental ingestion by children.
* **No Tracking:** The products exist outside of Missouri’s statewide seed-to-sale tracking system, which is designed to ensure accountability and prevent illicit market diversion.

The findings paint a picture of what **Mullins** calls “two separate and unequal systems.” On one hand, Missouri’s licensed dispensaries operate under a highly restrictive framework, with every product tracked and tested from seed to sale. On the other, a burgeoning, unregulated market sells potent, untested, and potentially dangerous products with no age verification or safety oversight.

“The health and safety of Missouri consumers is being jeopardized by a massive, wholly unregulated market for intoxicating hemp products,” the trade group stated in a letter sent to state officials [Source 1].

## A Loophole Born from Federal Law

The root of this issue traces back to the **2018 U.S. Farm Bill**. The landmark legislation federally legalized hemp by defining it as a cannabis plant containing **no more than 0.3% delta-9 THC by dry weight**. While this opened the door for a legal CBD industry, it also inadvertently created a legal gray area.

The bill was silent on other intoxicating cannabinoids that can be chemically derived from legal hemp, such as **delta-8 THC, delta-10 THC, and THCA**, which converts to delta-9 THC when heated. Entrepreneurs quickly capitalized on this loophole, flooding the market with products that could produce a “high” similar to traditional marijuana but were sold under the “hemp” label in places where marijuana remained illegal or highly regulated.

Missouri law mirrors the federal definition. This means that any product, regardless of its “hemp” label, is legally considered marijuana if its delta-9 THC level surpasses the 0.3% limit. **MoCannTrade** argues that its lab results prove that this is not a gray area but a clear-cut case of illegal marijuana sales.

## A Call for Regulatory Action

In response to its findings, **MoCannTrade** is urging state authorities to intervene immediately. The organization has sent a formal letter to key state leaders, including **Paula Nickelson**, the director of the **Missouri Department of Health and Senior Services (DHSS)**, which oversees the state’s medical and adult-use cannabis programs. The letter was also addressed to Governor Mike Parson and Attorney General Andrew Bailey.

The trade association contends that the **DHSS** has the legal authority and obligation to enforce the state’s constitutional definition of marijuana against these unregulated products. They argue that the agency’s mandate extends to *all* products that meet the legal definition of marijuana, not just those sold within the licensed dispensary system.

The group is requesting that the **DHSS** “use its existing authority to immediately halt the production and sale of all illegal marijuana products being sold outside of the regulated system” [Source 1]. By failing to act, they claim, the state is allowing an illicit market to thrive, which undermines the licensed businesses that comply with expensive regulations and directly threatens public safety, particularly that of minors who can easily access these products.

As Missouri grapples with the success and challenges of its regulated cannabis market, the proliferation of these untested “hemp” products presents a critical test for regulators. The findings from **MoCannTrade** have drawn a clear line in the sand, and the industry, consumers, and public health advocates now await a decisive response from state officials.

## Sources
1. [MJBizDaily](https://mjbizdaily.com/most-missouri-hemp-thc-products-are-illegal-marijuana-trade-group-claims/)

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