Companies selling Delta-8 THC products raided by police initiate lawsuit

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GWINNETT COUNTY, Ga. (CBS46) – Exclusive video obtained by CBS46 shows Gwinnett County officers raiding Element Distribution, a vape and smoke distribution center, looking for Delta-8 THC products, which which until recently many in the state believed to be a legal practice.

“From what I’ve seen and known in the past, it was legal, at least federally, and some levels of THC were legal,” said Shakinah McNeil, a vape shop worker in the Gwinnet County.

The products give users a high very similar to that obtained by taking marijuana.

Under the Georgia Hemp Farming Act passed in 2019, it states that hemp-derived products containing no more than 0.3% Delta-9 THC can be legally sold.

It doesn’t mention Delta-8 products, so many people thought they were legal.

The Gwinnett County prosecutor said it was illegal under hemp law and said some Delta-8 products had caused psychotic episodes in a number of children.

“The problem is that Delta-8 and Delta-10 are not always derivatives of hemp products and even though they are derivatives of hemp products, the legislator has been very specific that the hemp is defined as anything that contains Delta-9 THC 0.3 or less,” said Gwinnett County Chief Assistant District Attorney Brandon Delfunt.

Whether or not it is legal for retailers to take legal action against the Gwinnett DA.

“I don’t think it’s gray the hemp bill basically legalized all cannabinoids, all extracts, unless we’re talking about Delta-9 THC,” said Pate attorney Tom Church. , Johnson & Church which represents the retailers.

Professionals hope the lawsuit will bring clarity, as Delta-8 products account for well over half of their profits.

“So far this has hurt our bottom line and we’re trying to adapt, but most of our sales have come from Delta-8 products,” McNeil said.

Element distribution said approximately $2 million worth of product was seized from them and no one was arrested when the raid took place on February 22, and no charges have yet been brought against them. They said they have always run their business legitimately and continue to do so. The owners tell CBS46 they paid taxes to the county on the same products that were seized.

The DA’s office said it spoke with companies before their announcement to begin prosecuting people selling Delta-8 THC products, and continues to do so around the legislation.



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