Nebraska Attorney General Mike Hilgers is suing 10 retailers, including Greenhouse Grandma in Chadron, for selling cannabis products he says contain levels of delta-8 THC that are illegal and unsafe.
Delta-8 is a form of the chemical that produces the high from marijuana. It’s present in tiny amounts in hemp, but processing can take the concentration to unsafe levels that Hilgers says are generally not listed on delta-8 products.
It’s often used in cannabis edibles such as cookies and gummies, which Hilgers calls deceptive “look-alikes” packaged to look like Nerds, Fritos and other child-enticing treats. It’s a practice he says puts children and teens at risk.
Hilgers says that of about 100 items tested during his investigation, only about 15% were accurately and clearly labeled for ingredients and potency.
The attorney general announced the suits Wednesday morning at a news conference before all the paperwork had been completed and before the defendants had been served.
Greenhouse Grandma owner Traci Smith told KCSR/KBPY that she learned of the suit when an Omaha tv station called her for a comment.
Hilgers says the attorney general’s Consumer Protection office has never filed this many civil cases at one time on one issue, so he hopes the move convinces retailers and others of how serious the threat of delta-8 look-alikes is.
Traci Smith said the type of items cited by Hilgers that she sells at Greenhouse Grandma all come prepackaged from distributors or the manufacturers, but Hilgers hasn’t taken action against either of those groups.
He also chose to go the civil suit route rather than filing criminal charges because he feels he can get rid of the targeted items more easily through the civil court suits.
In his suits, Hilgers is asking that the delta-8 items be taken off the shelves and he’s asking for civil penalties or fines. He’s optimistic more suits won’t be needed, but he’s not ruling them out.
Hilgers says he want to “send a message to retailers across the state that selling products that threaten Nebraska’s children will not be tolerated.”
The complaints were filed against the following businesses
- The Cannabis Factory (Lancaster County)
- 50 Shades of Green (Sarpy)
- Greenhouse Grandma (Dawes)
- High Flow Cannabis (Hall)
- First Stop Vape Shop (Keith)
- A Botanical Dream (Lincoln)
- Kynd Co. Vape and Smoke (Madison)
- Chasing Clouds Vape Collective (Platte)
- Ms. Vape Shop (Saline)
- Zy Glam (Scotts Bluff)
Delta-8 has become more widely available in Nebraska and elsewhere since the passage of the 2018 farm bill, which legalized hemp that contains no more than 0.3% THC .
The Food and Drug Administration says the growing concern surrounding delta-8 THC products is that products haven’t been approved by the FDA for safe use.
The agency says it received 104 reports of “adverse events” — including hallucinations, vomiting, anxiety and loss of consciousness — in patients who consumed delta-8 THC products between December 2020 and February 2022.
Not taking sides here but the statement by Hilgers is quite concerning.
Hilgers says he want to “send a message to retailers across the state that selling products that threaten Nebraska’s children will not be tolerated.”
What businesses do not sell products that pose a threat to children?
Firearms are the leading cause of death of children…I knew they were coming for our guns all along, these guys all talk big but they’re really the ones coming for our guns.