MENOMONEE FALLS – The owner of a CBD store in Menomonee Falls says authorities raided his store and arrested him this week for selling products he said were legal.
The owner of the store says that detectives from Wokesha County told him that they had been buying products from him undercover since January, and the results of the tests revealed that they had an illegal amount of THC.
The Wokesha County Sheriff’s Office said in a statement Friday that they are launching an investigation after learning of a non-fatal overdose incident involving two young children who inadvertently ingested a CBD-related product. The sheriff̵
The sheriff’s office says investigators have obtained evidence that Superstar Buds sells products containing banned levels of delta-9-tetrahydrocannabinol (THC). The office says these products are labeled by businesses as CBD or delta-8-THC.
Superstar Buds at Menomonee Falls does appear to have been hit by a tornado, but the owner says it was the result of a law enforcement attack.
“It’s a disaster right now. We probably have over $ 100,000 in damage between things they destroyed, seized. I mean, it’s just a disaster, “said Chris S., owner of Superstar Buds.
Chris says dozens of employees poured into his store and confiscated his best-selling product, Delta 8 THC. He says his other items such as CBD and hemp flower were destroyed in the process.
“It’s wet. They don’t want us to sell these things, “he said.
Chris says he and one of his employees were arrested on the day of the bust and released 24 hours later pending several drug charges.
“We’re moving a lot of Delta 8, so I feel like we’ve been targeted because we’re pushing a lot into the market.”
Here things get confusing. Delta 8 THC is derived from hemp, while Delta 9 THC comes from marijuana. State and federal law prohibit Delta 9 THC over .3% force, but the laws do not mention Delta 8 at all.
“Delta 8 only binds to your CB1 receptors, so it doesn’t give you that cloudy feeling, but it still makes you happy, euphoric, it just makes you feel happy,” Chris said.
Chris is far from the only Delta 8 retailer in Wisconsin. Several CBD stores in Milwaukee have been selling the product in the form of colored, vape cartridges and oils for about a year. Hazy Dayz owner Zack Rowe also believes this is legal.
“According to the Agriculture Act 2018, all hemp derivatives and isomers of the cannabis plant, with the exception of Delta 9, are technically legal,” Rowe said.
Back at Menomonie Falls, the Wokesha County Sheriff’s Office said they were the lead agency in the case and carried out a search warrant with the help of Menomonie Falls police.
The sheriff’s office said in a statement Friday that while enforcing the search warrant, investigators seized other products from the business that were labeled as CBD or delta-8-THC, which are believed to contain banned amounts of delta-9. -THC.
The office added that three people had been arrested at the plant in connection with the search warrant. Charges will be filed with the District Attorney of Wokesha County in the future, the sheriff’s office said.
Chris gave TMJ4 News a copy of the search warrant he was given at the time of his arrest. It states that law enforcement officers have the right to confiscate any items that contain tetrahydrocannabinol, known as THC.
The order states that the alleged crimes include possession for the purpose of delivery, production of THC and maintenance of a place for drug trafficking.
“The law is crystal clear that it is currently banned in Wisconsin,” said state spokesman Adam Nylon of Peuki.
The pilot program for hemp in Wisconsin for 2018 passed the legislature with almost unanimous support, including a vote “for” by Nylon. He believes that CBD store owners do not understand the difference between federal and state law.
“I think some of the owners in these CBD stores rely on federal law to do that when it’s actually very clear in Wisconsin that none of these products, CBD or THC products can be sold with psychoactive ingredients. in them, ‘he said.
Nylon says he does not believe the confusion should lead to arrests. He believes that an educational approach would be sufficient.
“This is a difficult situation and I want to say and I want to make it clear that these are not the drug dealers we are talking about,” Nylon said. “These are legitimate business owners and I think the issue is simply a misunderstanding of the law. So, I think we need to do a better job of informing and training them about what is legal and what is not legal. “
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