Smoke shops: District Attorneys address unregulated sales of illegal THC products in new report

Local district attorneys are urging swift legislative action following a grand jury report on unregulated smoke shops in Pennsylvania.

Grand jury findings on smoke shops

The report came from a 23-person grand jury carefully reviewing evidence and testimony from state police and various health experts over 10 months, revealing that many smoke shops are selling illegal THC products under the guise of compliance with the 2018 Farm Bill. 

"The overarching message on this is one of urgency, get it done now, don’t wait," said Montgomery County District Attorney Kevin Steele. The report found that 135 out of 144 tested products from numerous stores had THC levels of 5.0% and higher, well beyond the legal limit of 0.3%.

Steele emphasized the misuse of the Farm Bill as a loophole, stating, "People are hiding behind that and saying this is farm bill compliant--no it’s not, it’s marijuana, that’s what you’re selling."

Local perspective 

A manager at Red Lion Vape and Smoke Shop in Norristown told FOX 29 they follow all state laws and regulations. He mentioned that investigators flagged a product a month ago, which they promptly removed from their shelves. While some stores require an ID or "21 to enter," there are currently no state laws enforcing these practices.

The report included a case in December 2024 where a 14-year-old purchased a "Krisp Rice Treat," and had to go to the hospital for treatment.

Recommendations for legislative action

The grand jury's report includes eight key recommendations, such as establishing a minimum age of 21 for purchasing THC products and implementing rigorous product testing. 

"Our children can literally go into these shops and purchase and ingest an illegal substance with grave consequences and we have to do better," said Bucks County DA Jennifer Schorn.

Chester County DA Christopher de Barrena-Sarobe noted ongoing enforcement efforts, stating, "We’ve made arrests, we’ve issued dozens of other search warrants we seized half a million dollars collectively from these various different smoke shops."

What we don't know:

The timeline for implementing these recommendations and the legislative response remains uncertain.

The Source:  Information from the Montgomery County Investigating Grand Jury Report, Montgomery County District Attorney's Office, Bucks County District Attorney’s Office, and Chester County District Attorney’s Office.

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