“This letter shall serve as notice that the Allen Police Department has identified cannabidiol (CBD) and vape establishments, similar to yours, within the city of Allen are selling illegal THC products, whether knowingly or unknowingly,” the letter said. “As such, APD would like to advise you of such actions and possible consequences necessary due to violations of state law regarding the manufacture and delivery of a controlled substance…”
Allen police didn't respond to a request for comment, but the letter said that through investigations it has become clear that some of these shops are selling various THC products in violation of state law. “Products seized by APD being sold at establishments within the city have been laboratory tested for THC content,” the letter said. “Such tests have identified that, at least, the following products have been sold with a THC content well above the limits prescribed in Chapter 443 [of the Texas Health and Safety Code].”
The letter identified several products that supposedly tested over the legal limit for THC. These included loose leaf “hemp” flower, Exclusive Hemp Farms wax, Sugar THCa wax, Toast’d pre-rolls, Alien pre-rolls, Exclusive pre-rolls, Pure Luna Rocket pre-rolls and Puro Exoctics pre-rolls.
“Please be aware that these products, and potentially more, failed to comply with requirements set forth regarding the production and regulation of hemp per Chapter 443,” the letter said. These products are classified as penalty group 2 controlled substances, according to the department.Allen police said it will take "any and all action to remedy the illegal business activities."
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The murky waters of the hemp industry seem to get murkier by the day.
Hemp was federally legalized in 2018 and in Texas the following year. State and federal hemp laws defined hemp as cannabis with 0.3% delta-9 THC or less. Delta-9 is the chief psychoactive component in weed that gets users high. It is generally known as THC. There are different forms of THC that manufacturers and retailers have been selling, such as delta-8, which is generally regarded as less potent than delta-9, and THCa, which is the precursor to delta-9.
THCa is one of the more controversial, but ever popular, products to hit the hemp market in recent years, and some still argue over its legality. THCa is not psychoactive on its own. But when heated, like in a joint, pipe, vape or bong, it converts into delta-9 THC, which will get you high.
Manufacturers say they’re making THCa products with 0.3% delta-9 or less and that it exceeds that level only when heated. The problem is that most, if not all, law enforcement testing methods for these products use heat in the process, converting all of the supposedly legal THCa into illegal amounts of delta-9.
Texas hemp business owners often find themselves in a legal haze, whether they're selling THCa or not. The Garland hemp shop bee Hippy Hemp Dispensary, along with several others, was raided last year by local police and a Drug Enforcement Administration task force. The shop owner and an employee of bee Hippy Hemp Dispensary were accused of distributing marijuana even though they claim they only sell hemp products.
While some have gotten in trouble for other hemp products, local cannabis attorney Chelsie Spencer told the Observer earlier this year that she suspects the recent raids have to do with the proliferation of THCa products.
“I have not read a single affidavit that did not involve THCa,” Spencer said.
It’s uncertain whether all of the products Allen PD is warning about contain THCa. A quick search of the products shows that several of them do. However, scrolling through Exclusive Hemp Farms’ website, it doesn’t appear the company sells any THC products. Instead, it appears to sell only products with substances such as CBD and CBG, which can’t get you high.
The letter also said the sale of illegal products is not permitted under the city’s land development code or certificates of occupancy issued by the city.
“If your establishment is identified as selling THC products in violation of Chapter 443 and the [Texas Controlled Substances Act], you are at risk of having your certificate of occupancy revoked by the city,” the letter said. “Additionally, since such products are classified as penalty group 2 substances due to THC content levels, you and your staff could face possible criminal penalties for the manufacture or delivery of a controlled substance.”
It added: “Continued disregard for the requirements set forth in Texas law and the Act, will result in the city and APD taking any and all action to remedy the illegal business activities. This includes, but is not limited to, the filing of criminal charges and the pursuit to revoke the business’s certificate of occupancy.”
