Missouri Cannabis Firms Sue Hemp Shops Over THCA Flower Sales

Lawsuit alleges hemp shops are exploiting a legal loophole to sell products that are essentially marijuana.

Published on Feb. 3, 2026

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A group of licensed cannabis operators in Missouri have filed a lawsuit against dozens of hemp shops in the state, claiming they are illegally selling hemp THCA flower that is chemically identical to marijuana. The lawsuit alleges the hemp shops are exploiting a loophole in regulations and avoiding the steep fees and taxes that licensed cannabis businesses must pay.

Why it matters

This lawsuit highlights the ongoing tensions and 'cannabis civil war' between the regulated cannabis industry and the hemp industry, which are both working with the same plant but operating under different legal frameworks. The outcome could set an important precedent for how THCA-rich hemp products are regulated across the country.

The details

The lawsuit names dozens of hemp shops in the St. Louis and Kansas City areas as defendants, accusing them of selling hemp THCA flower that is essentially marijuana. THCA is a precursor to delta-9 THC, the compound responsible for marijuana's intoxicating effects. When heated or burned, THCA converts to delta-9 THC. The licensed cannabis operators argue this makes the hemp THCA flower illegal, even though it may have tested below the 0.3% delta-9 THC limit at harvest. They say the hemp shops are exploiting a loophole and avoiding the regulations and taxes that apply to the licensed cannabis industry.

  • The lawsuit was filed in February 2026.
  • The Missouri legislature has failed to regulate intoxicating hemp products for three consecutive years.

The players

Missouri's Licensed Cannabis Operators

A group of licensed cannabis businesses in Missouri that have filed the lawsuit against hemp shops selling THCA flower.

Hemp Shops

Dozens of hemp businesses in the St. Louis and Kansas City areas that are being sued for selling hemp THCA flower, which the cannabis operators claim is essentially marijuana.

Chris McHugh

The attorney representing the licensed cannabis businesses in the lawsuit.

Jay Patel

A board member for the Missouri Hemp Trade Association and owner of one of the hemp shops being sued, who says the lawsuit is unwarranted and unfair.

Steve DeAngelo

A longtime cannabis advocate and policy reform activist who says the lawsuit illustrates a 'cannabis civil war' and calls for unity between the hemp and cannabis industries.

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What they’re saying

“This is an attempt to stomp out competition and engage them in a costly and time-consuming process.”

— Jay Patel, Board Member, Missouri Hemp Trade Association

“This lawsuit is much more malicious, and they're picking stores that are close to them, perhaps, or just looking at smaller fish to them that might not have the resources to battle them. And I think that they're trying to intimidate store owners, with a focus on minority owners.”

— Jay Patel, Board Member, Missouri Hemp Trade Association

“This litigation is just the latest salvo in a years-long struggle between two industry sectors that work with exactly the same plant. Instead of fighting each other, we should band together to create one set of common sense, science-based regulations for all cannabinoid products— and let consumers decide who the winners and losers are, not the courts or legislatures.”

— Steve DeAngelo

What’s next

The judge in the case will decide whether to grant a permanent injunction barring the hemp shops from selling THCA flower.

The takeaway

This lawsuit highlights the ongoing tensions and lack of regulatory clarity around hemp-derived THCA products, which are chemically similar to marijuana but exist in a legal gray area. Resolving these conflicts through common-sense, science-based regulations rather than litigation could benefit both the hemp and cannabis industries.