Nebraska Attorney-General Mike Hilgers has sent cease-and desist letters on 20 March to 104 retail stores and franchised shops in Omaha in relation to his office’s enforcement effort to crackdown against products that contain THC.
The chief legal officer of the state asked that stores immediately cease selling products with non-compliant THC levels or risk litigation.
Investigators with Hilgers’s office and the Douglas County Sheriff’s Office purchased products this year from 35 stores. Hilgers says that each of the stores that were investigated had at least one hemp product, but it contained cannabis THC.
Attorney General claimed the labeling of these products incorrectly indicated their cannabinoid contents, which was an unfair, deceptive and dangerous trade practice.
“I’m here today to talk about our continued effort to address the synthetic delta-8 crisis that we have in the state of Nebraska,” Hilgers said during a press conference on Thursday, adding that his office began a series of investigations beginning in late 2023 elsewhere in the state before shifting its focus to Omaha—Nebraska’s most populated city.
“What we found unfortunately is consistent with what we found in every other city in the state of Nebraska, which is every single store that we tested … not one store was following the law,” Hilgers said. “At every single store, we found either something totally mislabeled … [or] “We found exceptionally high levels” of delta-8.
The state has 30 days for the 104 Omaha stores to comply with the Attorney General’s demand and remove the product from their shelves. Otherwise, they will be sued by the state.
In the event that a retailer fails to sign a settlement agreement assuring voluntary compliance with state laws, then the Attorney General’s Office will bring judicial action. Hilgers’s office states that many stores with tobacco licenses could also be in danger of losing their permits.
Hilgers has also stated that he intends to give evidence of criminal conduct, including cannabis-related crimes in the state of Nebraska’s laws on marijuana, to Don Kleine of Douglas County. In Nebraska, selling any amount of marijuana is punishable with up to twenty years imprisonment and a fine of $25,000.
Hilgers targets products such as Kushy Exotic Flower THCA, Flying Horse Vape-9G and Road Trip Gummies.
Aaron Hanson, Douglas County sheriff said at a recent press conference: “We’re very proud that we partnered with Attorney-General Hilgers to undertake this extremely worthwhile endeavor.” Since I was 22, I’ve worked as a police officer in Nebraska, and more specifically Douglas County. “You can’t trust the drug dealers,” you did not have to tell me. This is an industry you cannot trust, as we found no location operating within the law.”
Hanson requested that those who listened to his remarks separate the views of those in attendance from those of those concerned with consumer protection, as they relate to products made from synthetic THC derived from hemp plants.
Senators from the state of New York joined Hilgers at the news conference. Kathleen Kauth, Jasmine Storm. Kauth in particular is the sponsor. Legislative Bill 316The amendments are intended to define hemp, and to prohibit the sale of products that contain hemp derivatives for the sake of public health.
Hilgers said that in the interim he would seek maximum penalties and fines from retailers for selling products non-compliant with hemp derivatives containing intoxicants, up to and including a fine of $4,000 per non-compliant sale.
Hilgers told reporters in a statement on Thursday that “we promised we would intensify our fight and today, are delivering that promise”. Public Statement. Operating in Nebraska’s largest city will not exempt one from the law. Even though they were warned, these stores continue to sell harmful and illegal products. We will pursue penalties up to and including the maximum extent of the laws, as well as refer criminal charges when needed.