Nebraska Attorney General Mike Hilgers has announced a significant crackdown on retailers selling delta-8 THC products. He stated that he is no longer willing to negotiate with smoke and vape shop owners who are violating state law by offering these unregulated items. Hilgers emphasized the dangers associated with delta-8 THC, describing it as a synthetic version of THC that poses risks to consumers.
For the past year and a half, Hilgers has attempted to persuade retailers to remove these products, citing safety concerns and receiving only a handful of complaints. Many shop owners have previously cooperated, avoiding severe penalties and prosecution. However, Hilgers indicated that his office is now sending letters to approximately 35 to 37 owners of 104 stores in the Omaha area, demanding the immediate removal of delta-8 products or facing lawsuits.
Hilgers warned that if retailers continue to sell delta-8 THC, especially in conjunction with other illegal drugs, his office would refer cases to local county attorneys for potential criminal charges. He reiterated, “We gave them plenty of warning… They have decided not to change. Now criminal prosecutions are on the table as well.”
Store owners, particularly in communities like Norfolk, expressed feeling blindsided by the AG’s strict approach, claiming they received little prior notice before the legal threats. Some retailers negotiated settlements, while others chose to continue selling the products. Joseph Fraas, owner of G&G Smoke Shops in Omaha and Lincoln, testified that a proposed ban on delta-8 would “severely damage” his business and impact the livelihoods of his employees and their families.
Hilgers made it clear that retailers must either remove the products from their shelves or face litigation, stating there are no limits to the number of lawsuits he would initiate. His enforcement actions in Omaha serve as a warning to retailers statewide, as he believes many are currently breaking the law. The crackdown was supported by a one-day operation carried out by the AG’s Office and the Douglas County Sheriff’s Office, which found no compliant retailers in the area.
Douglas County Sheriff Aaron Hanson echoed the AG’s concerns, stating that delta-8 THC products are a risk to public safety. He remarked, “You can’t trust drug dealers,” highlighting the lack of compliant operations in the region. The AG’s Office has already filed 15 lawsuits against retailers accused of selling these products.
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