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Attorney General Mike Hilgers briefing media Wednesday on his office's major action against cannabis retailers in the state. (Courtesy: Nebraska Attorney Generals Office)

Nebraska Launches Multi-County Lawsuit Against THC Retailers for Deceptive Products

By Chase Porter Oct 25, 2023 | 2:27 PM

“Its a game of Russian roulette, and Nebraskans are losing.”

Attorney General Mike Hilgers appeared before media today to announced the launch of a major statewide action against several cannabis retailers in the state, for selling THC-products deceptively packaged to resemble popular consumer snacks (such as candy or chips) and often with mislabeled ingredients and potency levels.

(Graphic Courtesy: Nebraska Attorney Generals Office)

“These products are targeting children. The ingredients aren’t correct the potency is not correct,” stated Attorney General Hilgers, “Today’s action is a message to retailers across the state that selling products that threaten Nebraska’s children will not be tolerated.”

THC-containing products, when consumed, inhaled, or otherwise ingested, can pose significant health risks to Nebraskans. These products can produce “serious side effects,” including vomiting, seizures, difficulty breathing, and loss of consciousness. In some cases, products containing delta-8 have been tied to loss of life. National poison control centers have received thousands of reports tied to these products, and the FDA and DEA have issued warnings against their use.

The Attorney General’s Office conducted ingredient and potency tests on over 100 products, “Of the products we tested, only about 15% were accurate for both potency and ingredients,” said Attorney General Hilgers, “As an ingredient, it might say it contains delta-8, but in fact, it contains delta-9. Or it might mislabel the potency. It might say it contains 30 milligrams of delta-8, when in fact there might have been 300 milligrams .”

(Graphic Courtesy: Nebraska Attorney Generals Office)

Surprisingly, even in states in which marijuana has been legalized or decriminalized recreationally, synthetically produced THC products such as delta-8, remain unlawful (or with significant limits on their use).

Look-alike THC-containing products facilitate deception by children and teens who may attempt to hide or misrepresent their consumption of intoxicating THC-containing products from their parents and other authority figures, such as school administrators or law enforcement officers.

Attorney General Hilgers’ action includes an unprecedented series of coordinated lawsuits filed across the state, targeting retailers in at least ten jurisdictions. Lawsuits were filed in the following counties today: Platte, Scottsbluff, Hall, Madison, Lancaster, Sarpy, Lincoln, Saline, Keith, and Dawes.

In addition, the Attorney General has issued a series of consumer protection warnings to help educate parents about the dangers of these products. View the Facts Sheet.

The Attorney General asks each court to enjoin the business’ unlawful behavior, grant appropriate monetary relief for the numerous and repeated violations, and award any other relief warranted by law.

(Graphic Courtesy: Nebraska Attorney Generals Office)