Missouri Attorney General Catherine Hanaway announced on November 4, 2026, that her office has sued four retailers it accuses of selling marijuana falsely marketed as hemp and posing as lawful cannabis dispensaries. In the same announcement, Hanaway said a federal court had dismissed the hemp industry's challenge to House Bill 2641, the state's intoxicating-cannabinoid law taking effect November 12.
"Missourians deserve honesty and legality from the businesses operating in their communities. The days of drug pushers masquerading as licensed dispensaries are over," Hanaway said. "These businesses concealed the true nature of their products, misled consumers, and put profits ahead of public safety. Our office will continue using every tool available to hold bad actors accountable and protect Missouri families."
Four Lawsuits, All Allegations
The four lawsuits are allegations, not findings — no court has ruled on the merits of the four lawsuits, and the allegations remain untested in court. According to the attorney general's office, each sold products above the 0.3% delta-9 THC limit that separates hemp from marijuana under Missouri law while marketing them as federally legal hemp, and several branded themselves as dispensaries despite holding no state license.
Puffers Choice LLC (Aurora): The petition alleges lab results showed a "Strawberry Slushy" product at more than 5% delta-9 THC and "Lemon Runtz" at more than 1.3% — far above the 0.3% hemp limit.
CBD Kratom Cannabis Dispensary (Des Peres; sued as MNG 2005 Inc.): The petition alleges investigators made undercover purchases at the Des Peres store in October 2026, and that flower labeled 0.28% delta-9 THC tested at more than ten times the hemp maximum. It runs multiple St. Louis County stores under "cannabis dispensary" signage, the petition says.
Herb Depot (Independence; sued as Thooli LLC): The petition alleges that the attorney general's office calculated — by applying the federal total-THC formula to the total-THC and THCA figures in lab reports published on the store's own website — that its hemp-marketed flower "DOAP" (approximately 1.59% delta-9 THC) and "Lemon Cherry Zoap" (approximately 0.97%) exceed the 0.3% delta-9 limit.
Token THC Dispensary (Rock Port; sued as Token Hemp Company, LLC): The petition alleges its website claims it "fully complies with all state and federal regulations," while lab results linked from the site show its "Applescotti" and "Slush Mints" flower above the 0.3% delta-9 limit.
The state seeks civil penalties, injunctive relief, and other remedies against all four. Against Puffers Choice, CBD Kratom, and Herb Depot — but not Token THC — it also seeks designation as statutory drug-den public nuisances. These lawsuits rely on existing Missouri consumer-protection and controlled-substance laws. They are separate from HB 2641, whose new provisions have not yet taken effect.
Federal Court Dismisses the Challenge to HB 2641
Hanaway's office said the U.S. District Court for the Western District of Missouri dismissed MoHemp Trade Association et al. v. Kehoe et al. (No. 2:26-cv-04170) on November 4 — the lawsuit the MoHemp Trade Association, Wisconsin manufacturer Lifted Liquids, Inc., and retailer MNG 2005, Inc. filed in July 2026 to block HB 2641. In their complaint, the plaintiffs argued the law was unconstitutionally vague, burdened interstate commerce, and was preempted by federal law. According to the attorney general's office, the court dismissed the challenge, "entirely rejecting claims that the statute was preempted by federal law or violated constitutional protections," in what the office called a "complete victory" that "affirms Missouri's authority to enforce duly enacted laws governing intoxicating cannabinoid products."
One of the federal plaintiffs, MNG 2005, Inc., is also a defendant in the new state lawsuits, sued under its CBD Kratom Cannabis Dispensary name.
What HB 2641 Does
House Bill 2641, the Intoxicating Cannabinoid Control Act, was signed by Governor Mike Kehoe on April 23, 2026. It classifies covered hemp-derived cannabinoid products as marijuana under Article XIV of the Missouri Constitution, requiring their production, manufacturing, testing, transportation, and sale to take place through appropriately licensed marijuana facilities. The law adopts a 0.3% total-THC threshold, including THCA, for its definition of hemp and excludes certain finished cannabinoid products containing more than 0.4 milligrams per container of combined THC and specified similar-effect cannabinoids. Its effective dates are staggered. Certain products, including smokable flower containing any amount of THCA, specified solid edibles, and certain synthetic cannabinoids, fall under the new restrictions beginning November 12. Other products are subject to provisions tied to federal restrictions, with qualifying naturally occurring cannabinoid beverages receiving an exception until December 11, provided they are not sold to anyone under 21. Congress separately delayed most of its 2025 federal hemp-definition changes until December 11, 2026, under Public Law 119-103.
What Happens Next
The four state lawsuits are at the petition stage; the defendants have yet to answer, and the claims are untested in court. The dismissal removes the federal district-court challenge that sought to block HB 2641 before its November 12 effective date. The plaintiffs could still appeal the ruling. The AG's office encourages consumers who believe they were misled to file a complaint at ago.mo.gov.
Sources
Missouri Attorney General's Office — "Attorney General Hanaway Launches Statewide Action Against Illegal Marijuana, Defeats Challenge To Intoxicating Cannabinoid Law," press release, November 4, 2026 (read via EIN Presswire republication).
Missouri Attorney General's Office — First Amended Petition, State of Missouri ex rel. Hanaway v. Puffers Choice LLC, Case No. 26LW-CC00147, ago.mo.gov.
Missouri Attorney General's Office — First Amended Petition for Injunction, Civil Penalties, and Other Relief, State of Missouri ex rel. Hanaway v. MNG 2005 Inc. d/b/a CBD Kratom Cannabis Dispensary, Case No. 26SL-CC07080 (St. Louis County Circuit Court), ago.mo.gov.
Missouri Attorney General's Office — First Amended Petition for Injunction, Civil Penalties, and Other Relief, State of Missouri ex rel. Hanaway v. Thooli LLC d/b/a Herb Depot, Case No. 2616-CV37161 (Jackson County Circuit Court), ago.mo.gov.
Missouri Attorney General's Office — Petition for Injunction, Civil Penalties, and Other Relief, State of Missouri ex rel. Hanaway v. Token Hemp Company, LLC d/b/a Token THC Dispensary (Atchison County Circuit Court), ago.mo.gov.
Nutritional Outlook — "Missouri Hemp Businesses Sue to Block HB 2641 Ahead of November Effective Date," July 2026 (complaint in MoHemp Trade Association et al. v. Kehoe et al., No. 2:26-cv-04170-WJE).
Haake Law Group — "Two Hemp Bans, Two Deadlines: Missouri's HB 2641, the Federal Section 781 Ban, and What Happens If Either One Fails," September 2026.
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