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Lancaster District Attorney warns of Delta-8 and Delta-10 THC

LANCASTER, Pa. (WHTM) — The Lancaster County District Attorney’s Office issued a memo to many store owners and managers regarding the advertising and selling of illegal products that contain Delta-8 and Delta-10 THC.

The memo states that the THC isomers including Delta-8 and Delta-10 are illegal to sell and possess in Pennsylvania. The memo also stated that any product with a Delta-9 concentration greater than 0.3% is also illegal.

Detectives with the county’s drug task force visited 43 stores in multiple areas throughout Lancaster County over a two-day period. Consent searches were done at each of the locations, with many Delta-8 and Delta-10 products being seized. Products seized included vapes, cartridges, oils, gummies, flowers, concentrate, pre-rolled cigarettes, and chips, cereal, and candy with national brand names on the packaging including Kellogg’s, Ruffles, and Nerds.

Illegal products were seized from 25 of the 43 locations. Charges were not filed if the store owners or managers fully cooperated with detectives, which included the surrender of any illegal products from the store and stopping future sales of the products.

“Parents should be aware that these products are ending up in the hands of teenagers and that these products are not only illegal, but they are also not subject to any regulation and could be dangerous,” Lancaster County District Attorney Heather Adams said. “Storeowners and hemp growers and processors are now put on notice that these products are illegal and further distribution may result in criminal charges.”

If the establishments were to resume the sale of these products, charges could be filed including possession of a controlled substance – a misdemeanor punishable by up to one year in prison and a fine of up to $5,000 – and/or possession with intent to distribute a controlled substance – a felony offense punishable by up to five years in prison and a fine up to $15,000. 

Some of the products that were seized over the two-day period were manufactured by businesses in Lancaster County that have hemp growing or processing permits from the Department of Agriculture.

All companies identified as having a hemp growing or processing permit for Lancaster County issued by the Pennsylvania Department of Agriculture for 2023 were notified of the illegal nature of the products as well as the consequences.