The Lancaster County District Attorney’s Office recently issued a memo to multiple store owners and managers throughout the county that have been selling and advertising illegal products containing Delta-8 THC and Delta-10 THC.

The memo informed store owners and managers that under Act 64 of Pennsylvania law, otherwise known as the Controlled Substance, Drug, Device, and Cosmetic Act, THC isomers including Delta-8 and Delta-10 are schedule I controlled substances and illegal to possess or sell in Pennsylvania. The memo further warned that any product with a Delta-9 concentration greater than 0.3% is also a schedule I controlled substance, and likewise illegal.

Detectives with the Lancaster County Drug Task Force visited 43 stores in multiple jurisdictions throughout Lancaster County over a two-day operation.  Consent searches were conducted at each of the locations and a variety of Delta-8 and Delta-10 products were 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 – all advertised or labeled as containing Delta-8 or Delta-10 THC. 

Illegal products were seized from 25 of the 43 locations. Charges were not filed if the store owners/managers fully cooperated with detectives, including the immediate surrender of any illegal products from the establishment, and ceasing any future sales of such products.  All store owners cooperated with the Lancaster County Drug Task Force and no charges have been filed.  Over 7,200 products were collected with an estimated value of approximately $290,000.

The memo and consent searches were conducted after the District Attorney’s Office received complaints from community members including the underage purchase of these products and minors using and sharing these products in several high schools across Lancaster County.

If the sale of the illegal products were to resume, 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.  Any subsequent offense may result in increased penalties.

“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.”

Some of the products seized over the two-day period were manufactured by businesses here 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 also notified of the illegal nature of the products and the attending consequences.

Berks County District Attorney’s Office and Lehigh County District Attorney’s Office conducted similar operations in their respective jurisdictions in 2022.

MEDIA CONTACT: Sean McBryan, semcbryan@co.lancaster.pa.us; Twitter: @SeanMcBryanLanc.