By Timothy S. Donahue
Top Takeaways:
- Lawsuit filed: Vape shop owners in Independence and Abilene have sued Kansas Attorney General Kris Kobach over 2025 enforcement raids.
- Constitutional claim: The businesses argue the searches and seizures violated their Fourth Amendment rights.
- State defends action: Authorities say the raids targeted illegal marijuana products and high-THC vape cartridges.
Two Kansas vape retailers have filed a federal lawsuit against Kansas Attorney General Kris Kobach, the Kansas Bureau of Investigation (KBI) and several law enforcement officials, alleging that state raids on their businesses violated constitutional protections.
The lawsuit, filed in U.S. District Court, arises from enforcement actions carried out in October 2025 at vape shops in Independence and Abilene. The plaintiffs—Indy Vapes LLC and Abilene Vape and CBD (McHempire LLC)—claim that the searches and seizures conducted during the raids were unlawful.
“This is a civil action for damages and declaratory relief arising under the Fourth Amendment to the United States Constitution,” the complaint states. “This suit concerns the illegal search and seizure of certain hemp-derived products carried by plaintiffs.”
The businesses claim law enforcement seized products that were legal under federal law, including hemp-derived items that conform to the 2018 Farm Bill, which permits products containing less than 0.3% delta-9 THC.
Houston attorney Jerad Najvar, who represents the vape shop owners, stated that the enforcement actions were unjustified.
“Kansas authorities apparently don’t even pay attention to what the statutes actually say,” Najvar said, arguing the raids were “facially illegal under the Fourth Amendment.”
Search warrants used during the raids alleged that the businesses committed multiple offenses, including unlawful hemp products, distribution of a controlled substance, and violations of Kansas’s Controlled Substance Act.
The enforcement actions were part of a broader crackdown announced by Kobach and KBI Director Tony Mattivi, targeting what authorities described as illegal marijuana products being sold in retail stores, including vape cartridges containing unlawful THC levels.
In its response, the KBI pushed back on the business’s arguments and contended that the shop owners haven’t followed the laws as they’ve claimed.
“The lawsuit is a tactic to distract from the fact that Indy Vapes and Abilene Vape and CBD made a business decision to ignore state law, and now want to blame law enforcement for what they knew was a likely consequence,” the KBI’s statement read. “Each of the search warrants KBI executed was reviewed and signed by a judge, providing the authority to seize illegal products and contraband. We will defend our responsibility to enforce the laws of Kansas.”
The plaintiffs are seeking compensatory damages and declaratory relief and have requested a jury trial, arguing that the enforcement actions were unlawful searches and seizures of products they claim were legally sold throughout Kansas.
