Nebraska AG ‘escalates’ efforts against Delta-8 products

Nebraska Attorney General Mike Hilgers sent cease-and-desist letters to 104 retailers selling products with illegal THC levels. The state legalized medical marijuana in 2024, but the results are being contested. While the regulatory details are being worked out, Nebraska has seen intoxicating hemp stores jump in.

The state said in its letter that tests of some hemp products found they contained THC levels greater than the allowable 0.3%. Nebraska legalized hemp products along the same guidelines as the 2018 Farm Bill.

The letter specifically cited Astro Eight and Blue Dream as testing higher than the allowed 0.3%. Other products mentioned include Kushy Exotic THCA Flower, Flying Horse Vape-9G and Road Trip Gummies. The attorney general’s office told the retailers to remove the products and quit selling them. It warned that failure to do so would result in the forfeiture of the business’s license for five years, which would also affect the store’s ability to sell cigarettes.

“We promised that we would escalate our fight, and today are fulfilling that promise. Operating in Nebraska’s largest city does not immunize you from the law,” Hilgers said. “These stores are selling harmful and unlawful products despite being on notice. Because of that, once litigation ensues, we will seek penalties to the fullest extent of the law and will refer for criminal prosecution when necessary.”

The attorney general cited serious adverse effects from consuming the products and accessibility and marketing to children as reasons for the crackdown. The letter also suggested the products were manufactured in unsanitary conditions with no oversight.

Hilgers said his office found that the products had misleading labels and didn’t accurately depict the concentration of THC within the product.

Retailers were given 30 days to stop selling the items and told they would not face charges for selling the products from January 2021 to the present.

This isn’t the first attempt to thwart the intoxicating hemp dealers. According to the state’s website, to date, the Attorney General’s Office has filed 15 lawsuits alleging violations of the Consumer Protection Act (Unfairness), Consumer Protection Act (Deception), and the Nebraska Pure Food Act. The attorney general reported that 12 out of 15 of the lawsuits have been settled. The remaining three are being actively litigated.