Missouri's Cannabis Industry Calls Foul, Alleging Widespread Sale of Illegal Marijuana Disguised as Hemp
JEFFERSON CITY, MO – A major Missouri cannabis industry group has sounded the alarm, claiming that a vast majority of intoxicating THC products sold as "hemp" in gas stations, vape shops, and convenience stores across the state are, in fact, illegal marijuana. The Missouri Cannabis Trade Association (MoCannTrade) is urging state regulators to take immediate action, arguing these unregulated products pose a significant public health risk and undermine the state's voter-approved legal cannabis framework [Source 1].
In a formal letter sent to state health officials, the trade group, which represents licensed cannabis businesses, asserted that these products are being sold illegally outside the regulated system. The letter, addressed to Department of Health and Senior Services (DHSS) Director Paula Nickelson and Lyndall Fraker, director of the state's Division of Cannabis Regulation, calls for the seizure and destruction of what they deem illicit goods [Source 1].
“The overwhelming majority of these intoxicating THC products, found on the shelves of unlicensed gas stations and smoke shops, are not legal hemp but are instead illegal marijuana,” said Jack Cardetti, a spokesperson for MoCannTrade. "These products are intoxicating, illegal marijuana sold under the guise of hemp" [Source 1].
The Heart of the Matter: A Legal Gray Area
The controversy stems from the interpretation of the 2018 U.S. Farm Bill, which legalized hemp nationally by defining it as a cannabis plant containing no more than 0.3% delta-9 THC on a dry weight basis. This legislation created a pathway for non-intoxicating CBD products but also spawned a "gray market" for intoxicating products that exploit the "dry weight" definition.
MoCannTrade argues that many products, particularly edibles like gummies, contain high intoxicating doses of THC while technically staying within the 0.3% limit simply because of the product's total weight. A heavy gummy, for instance, can contain a significant milligram dose of THC that is intoxicating to consumers, yet still comprise less than 0.3% of the item's total mass.
Furthermore, the group contends that many of these products contain synthetically derived cannabinoids like delta-8 THC and delta-10 THC. These compounds are chemically converted from hemp-derived CBD to produce an intoxicating effect similar to the delta-9 THC found naturally in marijuana. MoCannTrade insists that these synthetically derived products are not protected by the Farm Bill and are illegal under both state and federal law [Source 1].
Public Health and Safety Concerns
A central pillar of MoCannTrade's argument is the risk to consumer safety. While Missouri's licensed marijuana dispensaries are subject to stringent regulations-including mandatory product testing, age verification, and secure packaging-the products sold in unlicensed stores face no such oversight.
"Missouri voters overwhelmingly approved a safe, tested and taxed adult-use marijuana program," Cardetti stated. He emphasized that the unregulated market completely bypasses these critical safety measures [Source 1].
The group highlights several key concerns associated with the unregulated market:
- Lack of Testing: Products are not tested for potency, which can lead to consumers unknowingly ingesting extremely high doses of THC.
- Contamination Risks: Without mandatory lab analysis, these products could contain harmful contaminants such as heavy metals, pesticides, molds, and residual solvents from chemical processing.
- No Age Verification: Unlicensed retailers often fail to enforce age restrictions, making it easier for minors to access intoxicating substances.
- Misleading Labeling: Packaging often mimics popular candy brands, which could lead to accidental ingestion by children.
“What is most concerning is the threat to public health and safety,” Cardetti explained, pointing to the absence of a "seed-to-sale" tracking system that ensures accountability in the legal market [Source 1].
A Call for Regulatory Enforcement
MoCannTrade is demanding that the DHSS use its authority to enforce Missouri's constitution, which outlines the structure for a regulated cannabis market. The group asserts that the current proliferation of intoxicating hemp products directly violates the will of the voters who approved Amendment 3 in 2022, establishing the state's adult-use marijuana program.
The trade association is calling on state regulators to:
- Immediately issue a notice to all Missouri businesses that the sale of intoxicating, synthetically derived cannabinoid products is illegal.
- Seize and destroy all illegal THC products currently being sold in unlicensed establishments.
- Enforce existing state laws and constitutional provisions to protect the integrity of the regulated cannabis system.
This issue is not unique to Missouri. Jurisdictional battles over intoxicating hemp derivatives have erupted nationwide as regulators grapple with the consequences of the 2018 Farm Bill. While some states have moved to ban or strictly regulate products like delta-8 THC, others have taken a hands-off approach, allowing the gray market to flourish.
For Missouri's licensed cannabis industry, the unregulated competition represents not only a public health issue but also an existential economic threat. These businesses operate under heavy regulatory burdens and tax obligations that are completely bypassed by their unlicensed counterparts. The response from the DHSS will now be a critical factor in determining the future landscape of THC products in the state, deciding whether a clear line will be drawn between the regulated marijuana market and the burgeoning, anything-goes world of "legal hemp."