A Montgomery County investigating grand jury has issued a report exposing a public health crisis fueled by the unchecked sale of illegal, high-potency marijuana in smoke shops, and other retail stores across the region, including Bucks County.
Montgomery County District Attorney Kevin Steele, Bucks County District Attorney Jennifer Schorn, Chester County District Attorney Christopher de Barrena-Sarobe, and Pennsylvania State Police Troop J Lt. Joshua Lacey announced on Thursday that retailers are openly selling marijuana and illegal THC products under the guise of “hemp” or being “Farm Bill compliant.”
The area’s law enforcement officials said that stores are dangerously misleading consumers, including minors.
The grand jury found that 93.75 percent of 144 tested products purchased undercover were marijuana
Investigators from the Bucks County Detectives were part of the multi-county effort and found that retail stores in their area were openly selling illegal THC products and marijuana. Similar issues were found in neighboring counties, according to the grand jury report.
Officials said thousands of vapes, many containing THC, were being confiscated at Bucks County schools.
In Montgomery County, the district attorney’s office found that smoke shops outnumber schools by a 1.3 to 1 ratio.
Bucks County Detective Jarrod Eisenhauer, a member of the Bucks County Detectives’ Drug Strike Force, noted that stores were openly selling marijuana throughout Bucks County, which led to investigators to approach the issue like a traditional drug case.
Undercover purchases of THC vapes, gummies, lollipops, and flower, took place as part of the probe. The products were advertised as containing less than 0.3 percent Delta-9 THC, but all exceeded the legal limit upon laboratory testing.
Authorities said products like lollipops and gummies were emphasized as indistinguishable from regular candy once removed from packaging, posing a significant risk of accidental ingestion for unsuspecting individuals and especially in school settings.
Schorn said the proliferation of smoke shops, which is due to a loophole created after the 2018 Farm Bill, presents a “clear and present public health and safety threat”
The 107-page grand jury report — “Unregulated, Unsafe, and Illegal: The Reality of Smoke Shops in Pennsylvania” — details the dangers of this unregulated industry.
The grand jury and authorities found the tested products, mainly loose flower and THC vapes, consistently showed THC levels of 5.0 percent and higher, significantly exceeding the legal limit of 0.3% Delta-9 THC by dry weight for hemp.
The investigation uncovered a “widespread awareness among everyone involved in the supply chain, from store owners and their employees to the distributors themselves, that they are selling marijuana.”
Officials warned that there are no age restrictions on who can purchase THC products.
The report noted that THC products are sold unlike regulated alcohol and tobacco sales, which can leave children and teens vulnerable.
Experts testified that the unpredictable and severe effects of these potent products on developing minds have led to psychiatric symptoms, cognitive impairment, and other adverse health reactions.
Testimony outlined several incidents involving children and teens consuming THC products with severe reactions, including an 18-month-old in Norristown becoming confused and shaky after accessing a parent’s vape pen and a 14-year-old in Lower Merion Township who vomited and panicked after consuming a high-potency “Krisp Rice Treats” edible purchased without being asked for identification.
The grand jury concluded that this situation is a “community and public health emergency” and called for legislative action to regulate the industry.
“This Wild West situation exists due to the lack of needed laws and oversight that puts not only adults but children in jeopardy from unregulated products, little oversight of retailers and their operations, unsafe products and illegal operations,” Steele said. “This is a community and public health emergency, and the Pennsylvania legislature needs to take swift and decisive action to regulate this industry, much like the commonwealth regulates tobacco and alcohol products, in order to protect public health.”
Recommendations for reform from the grand jury and highlighted by the district attorneys included:
- Establishing a mandatory minimum age of 21 for purchasing all THC products.
- Requiring electronic ID scanning systems in all retail establishments that sell THC products.
- Mandating product testing for THC levels and contaminants, performed by state-approved, accredited laboratories.
- Implementing a statewide licensing system for retail establishments that sell THC products.
- Establishing clear legal definitions of marijuana and its derivatives (such as Delta-8 and Delta-10) to close existing loopholes.
“The efforts and collaboration of our counties, our investigators and the critical work of the Montgomery County Grand Jury have been essential to expose just how dangerous and widespread these operations have become in our communities,” Schorn said.
The report said law enforcement officials should be consulted about further legalization of marijuana and ways to improve the system already established.
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