Missouri Attorney General Catherine Hanaway has sued four retailers, including an Independence shop, accusing them of selling marijuana products disguised as legal hemp while posing as licensed dispensaries. The lawsuits name Herb Depot, operating under Thooli LLC at 12500 E. Highway 40 in Independence, along with Puffers Choice LLC in Aurora, Token THC Dispensary in Rock Port, and CBD Kratom Cannabis Dispensary in Des Peres.
According to a petition filed in Jackson County Circuit Court, Herb Depot displayed prominent “cannabis dispensary” signage and operated an online store offering products for pickup, despite the petition alleging the business is not actually licensed by the Missouri Department of Health and Senior Services. As reported by KY3, chemical testing cited in the state's petitions showed the retailers' products exceeded legal THC thresholds and legally constituted marijuana. The lawsuits allege the retailers misled consumers by advertising themselves as state-licensed dispensaries and implying their products met Missouri's regulated cannabis testing, packaging and safety standards.
In Herb Depot's case, lab tests the state cites allegedly showed an indica flower strain called Doap carried THC levels that classified it as illegal marijuana rather than hemp. Under Missouri and federal law, legal industrial hemp can contain no more than 0.3% delta-9 THC on a dry-weight basis; anything above that threshold is considered marijuana. Attempts to reach Herb Depot's ownership for comment were not immediately successful, according to KCTV.
What the State Is Seeking in Court
The Attorney General's lawsuits seek civil penalties, injunctive relief and other remedies authorized under Missouri law, per the Missouri Attorney General's Office. Against Puffers Choice, CBD Kratom and Herb Depot specifically, the office is also seeking to have the businesses designated as statutory drug-den public nuisances, a legal label that would let courts order the properties shut down. The office framed the four cases as the start of what it has called a statewide action against illegal marijuana sales.
“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, according to the lawsuits. She added that the businesses concealed their products' true nature, misled consumers and prioritized profits over public safety, and said her office will use the tools available to hold bad actors accountable and protect Missouri families.
A Federal Court Fight Over Hemp Regulation Just Ended
The timing of the lawsuits follows a separate legal win for the state. The U.S. District Court for the Western District of Missouri dismissed a federal legal challenge to House Bill 2641 on Wednesday, upholding the state's regulatory authority over intoxicating hemp-derived cannabinoids, KY3 reported. The ruling clears the way for Missouri to begin full enforcement of the law on Nov. 12, closing loopholes that have allowed unregulated intoxicating cannabinoid products to circulate outside the licensed cannabis market.
Missouri's Department of Health and Senior Services has described the law as effectively redefining intoxicating hemp-derived cannabinoid products as marijuana under Article XIV of the Missouri Constitution, with a narrow exception tied to federal actions that remain unresolved. The Missouri House had voted 109-34 in February to pass the underlying legislation, according to Cannabis Business Times.
Part of a Broader Statewide Crackdown
This is not Hanaway's first run at hemp retailers. In March, she sent cease-and-desist letters to 33 hemp stores statewide, including 13 in the Kansas City area, as The Kansas City Star reported at the time. That same report described law enforcement in both Missouri and Kansas as having grown more aggressive against unlicensed cannabis stores over the prior year, and noted that a coalition of marijuana companies had separately sued 40 stores in the St. Louis area and 17 in the Kansas City area.
Not every retailer has accepted the state's claims quietly. CBD Kratom disputed an earlier cease-and-desist letter from Hanaway's office, telling Cannabis Business Times that the letter failed to identify any specific product, testing data or methodology behind the allegations. Separately, Herb Depot's own website has advertised an in-store liquidation sale with a buy-one-get-one 50%-off deal, with a bulk sale option added starting Nov. 3, according to the retailer's lab-reports page.
Consumers who suspect they were misled by a cannabis or hemp retailer can submit complaints online at ago.mo.gov, the Attorney General's Office said. With full enforcement of House Bill 2641 set to begin next week, the four pending lawsuits may offer an early look at how aggressively the state plans to police the line between hemp and marijuana going forward.
