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Nebraska Attorney General Mike Hilgers has initiated four new lawsuits against smoke shops and cannabis retailers in the small community of Madison County, Located about 2 hours outside of the Omaha metro area.
Attorney General Hilgers has began a spree of targeting THC retailers since he came into office in 2023.
Nebraska Attorney General Mike Hilgers
The latest four lawsuits have been filed against:
Smokin’ Deals - Norfolk, NE
Smokes R. Less - Norfolk, NE
Vapor Hutt - Norfolk, NE
NP Mart - Two locations in Norfolk and additional locations in Omaha, Lincoln, Wahoo, Nebraska City, Arlington, Columbus, Fremont, and Valley.
Products were obtained from each of the mentioned stores and sent to a lab for analysis but results did not accurately match the labels on the items packaging.
"We are ramping up our efforts to clean up Nebraska,” said Hilgers.
“For the first time, we have sued every store in a community. These stores are misleading Nebraskans. Not one of the products we tested were accurately labeled, and many contained controlled substances.”
The stores are being sued on the grounds of three premises:
Unfair Practices: Failing to implement an age verification processes, selling THC products to children, and selling products designed to attract consumption by children;
Deceptive Practices: Selling THC products which grossly understate or overstate the concentration of THC contained within the product and by failing to disclose which cannabinoids are contained in the product;
Harmful Products: Selling THC products which are harmful when consumed, especially given children and adults reportedly have been hospitalized after consuming products sold by THC shops
Congressman Mike Flood joined Hilgers in Norfolk in announcing these lawsuits.
“Norfolk is a microcosm of a widespread problem across the state. Dangerous and misleading THC smoke shops have popped up in our communities, harming our people and impacting our way of life,” stated Congressman Mike Flood.
Nebraska Senator Mike Flood
Unfortunately, Attorney General Hilgers is only correct in an estimated 33% of his latest publicly released statements.
Age Verification:
Although selling cannabis and hemp products to minors is socially unacceptable, the 2018 Farm bill (Agriculture Improvement Act of 2018) signed by then president Trump, does not specify any age limits for CBD or THC derived from hemp.
There are currently no state laws regarding age limit and hemp use as well as neither Norfolk city or Madison county ordinances stating an age limit on cannabis and hemp.
Furthermore, what actually is the legal age of adulthood in Nebraska?
The national age for leaving parental custody in nearly all states is 18, yet in Nebraska it is 19 years of age.
The national age for drinking alcohol is 21 and has set a precedent in some states with cannabis dispensaries to follow suite.
With so much uncertainty, how were each of these stores supposed to know what is the correct age requirement if their options are 18, 19, or 21?
Depending on who is asked, selling cannabis products to an 18 year old could be considered "selling marijuana to children".
Packaging Is Attractive To Children
Attorney General Hilgers has used examples such as the products above as one of his top arguments for shutting down smoke shops.
The truth is, if Attorney General actually cared about enforcing packaging regulations, he would simply just go to the website of popular midwestern grocery store "Hy-Vee".
Currently at Hy-Vee there are half a dozen alcohol retailers violating the exact same packaging guidelines that Hilgers is using to shut down mom and pop shops in rural Nebraskan Communities.
The only difference? The alcohol industry its paying its share in taxes, so they are given a pass.
Alcohol Packaging Attractive to Children Sold by Hy-Vee
Packaging Understates of Overstates THC Content
Assuming these products were grossly misleading on their THC content either stating they were stronger or weaker than advertised, this is unacceptable and dangerous. There should be no debate, these products must come off the shelves.
Children and adults have been hospitalized after consuming products sold by THC shops.
Contrary to Former Governor Pete Ricketts' famous statement...Marijuana doesn't kill your children.
While concerns about health and safety are valid, many of these claims exaggerate risks and fail to consider the benefits of proper regulation.
Sensationalized reports and selective statistics only serve to stigmatize cannabis without addressing the broader context of responsible use and regulation.
It's important to recognize that the real issue often lies with unregulated products rather than THC itself.
When used responsibly and in accordance with safety standards, THC products pose no greater risk than many other commonly used substances.
Conclusion:
The complaint alleges that these THC shops have violated the Consumer Protection Act, Uniform Deceptive Trade Practices Act, and Nebraska’s Pure Food Act
The Attorney General’s Office seeks comprehensive redress, including injunctive relief, substantial civil penalties, and other equitable remedies to hold these THC shops accountable for their unlawful actions.
The allegations of misleading packaging and unsafe products warrant attention, yet the current legal and regulatory landscape surrounding cannabis in Nebraska remains ambiguous.
The broader challenge lies in establishing clear, fair guidelines for cannabis sales that protect consumers without stifling responsible businesses.
Until then, a more comprehensive approach to regulation and enforcement will be needed in addressing this hot topic.
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