Nebraska Attorney General Mike Hilgers (R) said Thursday that he is done negotiating with smoke and vape shop retailers he says are breaking state law by selling candy and other products with delta-8 THC, a synthetic version of THC.
Hilgers has spent the past year and a half trying to persuade and sue retailers into pulling off the shelves what he calls a dangerous, unregulated drug before more people than the half-dozen or so complaints his office has received get hurt.
In some of those cases, he has worked with retailers selling the gummies, pouches and other ways to consume delta-8 products to avoid using the full extent of potential state civil penalties and fines. He’s also avoided referring them for prosecution.
No longer, he said Thursday.
He said his civil attorneys in the AG’s Office are sending letters to 35 to 37 owners of 104 stores in the Omaha area demanding the products be pulled from store shelves or the state will sue for maximum pain.
In cases where delta-8 THC sales continue or where harder drugs were offered or sold, he said his office would refer any relevant investigative reports to local county attorneys for the filing of possible criminal charges.
“We gave them plenty of warning,” Hilgers said. “We thought criminal prosecution was not the right tool. They have decided not to change. Now criminal prosecutions are on the table as well… What they should do is take it off the shelf.”
Hellbound and Down 