Missouri Attorney General Warns Companies Over THCA Product Sales

In May 2025, Missouri Attorney General Andrew Bailey sent 18 cease and desist letters to companies across the state, reported the Missouri Independent (1). According to a copy included in the report from the Independent, the letter, dated May 14, 2025, contains the subject line of “Illegal Hemp Sales to Missouri Consumers,” and more letters would be coming, Baily stated to the news organization (1). The content of the letter concerns the classification of THC in the Controlled Substances Act (CSA), stating that the sale of intoxicating hemp products with concentrations more than 0.3% delta-9-THCA on a dry weight basis is a violation of the Missouri Merchandising Practices Act (MMPA). The sale of the products is an unfair practice and poses a threat to consumers, the letter explains.

The letter also states that establishing levels of delta-9-THCA involves testing the concentration after decarboxylation – after it is converted to delta-9-THC – which means the concentration must account for any delta-9-THCA. “As a result, cannabis-derived THCA does not meet the definition of hemp under the CSA and is the equivalent of delta-9-THC,” it concludes. Legal action resulting from continuing to sell the products could result in injunctions, civil penalties, and paying for the cost of the investigation as well as attorney’s fees, the letter ends (1).

On April 17, 2024, Bailey issued a press release outlining plans for investigations into vape and cannabis products (2). “Under state law, Missourians have a right to live free from fraud and deception in the marketplace, and they have the right to know exactly what is in the products they consume,” stated Bailey in the press release.“When purchasing products, Missourians have a right to know if they will be subject to serious and potentially dangerous side effects like psychotic episodes, severe confusion, hallucinations and other life-threatening problems. This is especially important when potentially dangerous products appear to be marketed directly at children. As Attorney General, I will use every tool at my disposal to halt the sale of dangerous, illicit products that harm Missouri consumers, especially children.”

As further explained in the press release, civil investigative demands (CIDs) had been issued after reports of potential violations of the MMPA as well as occurrences of adverse health events in the state and country, noting in particular an incident in March 2024 when six children reportedly ingested products containing delta-8 packaged as candy.

The CIDs state (2): “This investigation will inquire into the activities and representations of [certain sellers] in connection with the manufacturing, sale, marketing, advertisement, promotion, and/or distribution of products containing CBD, Delta-8, and Delta-9 THC.The Attorney General has reason to believe that [the company being investigated] has used deception, fraud, false promise, misrepresentation, unfair practices, and/or the concealment, suppression, or omission of material facts in connection with the sale or advertisement of CBD, Delta-8, and Delta-9 THC products.”

References

1. Rivas, R. Missouri Attorney General threatens legal action against 18 hemp companies; more to come https://missouriindependent.com/2025/06/09/missouri-attorney-general-threatens-legal-action-against-18-hemp-companies-more-to-come/ (accessed June 11, 2025).
2. Andrew Bailey, Missouri Attorney General. Attorney General Bailey Launches Consumer Protection Investigation to Combat Dangerous, Illicit Products https://ago.mo.gov/attorney-general-bailey-launches-consumer-protection-investigation-to-combat-dangerous-illicit-products/ (accessed June 11, 2025).