Connecticut AG is suing five retailers over Delta 8 sales

Connecticut Attorney General William Tong announced Thursday that his office is suing five retailers for alleged violations of the Connecticut Unfair Trade Practices Act related to the sale of cannabis products without a state license, alleging that the stores operate illegally on the sale of infused edible products aimed at youth. The lawsuits focus on delta-8-THC, a psychoactive cannabinoid that can be made from hemp.

“Cannabis products in Connecticut may not be sold by unlicensed retailers and must meet strict testing and packaging requirements. Period,” Tong said in a statement from the attorney general’s office. “Any unlicensed retailer in Connecticut selling Delta-8 THC products that purport to contain high levels of THC is breaking the law and may be subject to both criminal and civil penalties.”

The lawsuit follows a series of unannounced visits by the attorney general’s office to retailers across Connecticut in late December. During those visits, officials found that the retailers were selling unregulated and untested delta-8 THC products to customers. In many cases, the products are designed to mimic nationwide snack food products popular with youth, including Fritos, Skittles, Airheads, and others. The attorney general’s office found that such untested delta-8 THC products are illegal throughout Connecticut, including by regulated and properly licensed cannabis retailers.

“Our undercover investigation revealed widespread sales of untested, unregulated Delta 8 edibles that mimic popular teenage snack foods. The five retailers we are suing today have offered some of the most egregious, look-alike edibles that pose the greatest risks of accidental poisoning in young people,” Tong said. “None of these edibles have been tested or approved for sale in Connecticut, and the packaging claims for THC levels and safe serving sizes are not to be trusted. If you see Delta-8-THC being offered outside of a licensed cannabis retailer, do not purchase and report it to my office immediately.”

Similar looking edibles pose a risk to children

Tong’s office found that unregulated Delta-8 edibles pose a significant health risk to children, who may not realize the products are cannabinoid-enhanced, leading them to unknowingly ingest high doses of potent psychoactive compounds. The announcement added that serving sizes for many cannabis-related products can be very small, and that children eating an entire packet of infused chips or candy can consume up to 100 times the maximum adult serving size.

According to the Connecticut Poison Control Center, one in five children nationwide who accidentally eat cannabis edibles is hospitalized. In the past three years, the center reported 189 cases of cannabis use among children under the age of 19. The majority of these cases resulted in a visit to an emergency room, and about a third resulted in the child being hospitalized.

“For adults 21 and older who choose to use cannabis, there are many advantages to shopping in the regulated marketplace,” said Michelle H. Seagull, Connecticut Department of Consumer Protection Officer. “Products sold by licensed retailers must meet rigorous testing, packaging and labeling requirements to ensure consumers know what they are getting and that they are getting exactly what they are paying for. Unregulated products are often untested, come from unverified sources and can easily be confused with products that do not contain cannabis, leading to accidental ingestion by adults and children who may not be aware of what they are consuming.”

The Attorney General’s Office also announced that it is in the process of sending warning letters to all licensed retailers of electronic vapor products, informing them that the sale of products containing more than 0.3% delta-8 THC by dry weight is a violation of state regulations could represent laws. Products that exceed the limit are considered cannabis products and may only be sold by licensed retailers. Cannabis products sold outside the regulated market remain illegal and sellers may be subject to civil and criminal penalties.