Missouri Attorney General Andrew Bailey (R) has sent several cease-and-desist letters to companies selling a hemp product called THCA flower that looks exactly like marijuana flower sold at dispensaries.
Bailey’s letters threaten legal action, including injunctions, civil penalties and attorney’s fees if the companies continue to sell the products.
“When purchasing products, Missourians deserve to know if they are being exposed to dangerous side effects like psychotic episodes, hallucinations or other life-threatening risks,” said Attorney General Bailey in a statement to The Independent. “We have issued 18 cease and desist letters so far, and more are forthcoming.”
Cannabis lobbyist Eapen Thampy said about a dozen smoke shops in St. Louis received the letters, and in some cases, THCA flower makes up 60 percent to 80 percent of the companies’ inventories.
Thampy said he’s working with the companies to put together a response to the letters and preparing for potential litigation.
The action is the first major move since Bailey created a new specialized unit last fall, with the aim to assist the state’s alcohol and tobacco regulators in cracking down on intoxicating hemp products.
In September, Bailey vowed his new unit would work with the Missouri Alcohol and Tobacco Control (ATC) Division to bring legal action against licensees selling unregulated psychoactive cannabis products that violate the Missouri Merchandising Practices Act.
“The ATC will assist by making its investigators available as witnesses for legal proceedings resulting from actionable referrals,” Bailey said in September. “Our enforcement toolkit will be robust from cease-and-desist letters and investigations to subpoenas and lawsuits to referrals for criminal prosecution where appropriate.”
The letters that went out last month state that the companies are “directed to cease and desist from selling” hemp products that contain more than 0.3 percent THCA on a dry weight basis. THCA is a naturally abundant cannabinoid that transforms into Delta-9 THC when smoked or heated.
However, this is not what an official cease and desist order looks like, said Jefferson City-based attorney Chuck Hatfield.
“It is an informal cease and desist,” Hatfield said. “It is not a letter that has the force and effect of law. It’s more in the nature of a request to stop.”
Under state law, if Bailey wanted to issue an official cease and desist order—as he did for Planned Parenthood in March—Hatfield said Bailey would have to issue a notice of intent first. The company would have the right to appeal through an administrative hearing, as well as challenge the order in court.
“But he hasn’t done any of that,” Hatfield said.
Bailey could also file a lawsuit under Missouri Merchandising Practices Act, and that doesn’t require a cease and desist order, he said.
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