Marijuana companies sue dozens of smoke shops for selling THCA hemp flower

OG article by Rebecca Rivas

February 4, 2026

Marijuana companies sue dozens of smoke shops for selling THCA hemp flower. A coalition of about 20 licensed marijuana businesses filed lawsuits against nearly 40 stores in St. Louis County and 17 in the Kansas City area, including chains like American Shaman and CBD Kratom, accusing them of illegally selling THCA hemp flower that is chemically identical to marijuana. They claim this undercuts the regulated market, where operators face high fees, testing, and compliance costs. Attorney Chris McHugh said lawsuits seek damages and injunctions after lawmakers failed to regulate THCA over multiple sessions, allowing unregulated sales to anyone, including minors. Hemp sellers, via the Missouri Hemp Trade Association, defend the products as legal under federal law (under 0.3% delta-9 THC pre-heating), with self-imposed age-gating. Recent federal changes ban over 0.3% total THC; Missouri bills debate alignment or allowances.