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As a resident of PA, it is my understanding that Delta 9 products derived from hemp with a sufficiently low concentration are legal in the state of PA for use and retail sale. This is why I was shocked to find out that several vape shops in my local area fell victim to what I imagine is police and district attorney overreach in the form of inventory confiscation of all Delta 9 THC containing products from pretty much all vape shops in the jurisdiction. Events are reference here: https://triblive.com/local/valley-news-dispatch/police-raid-2-vape-shops-in-lower-burrell/

I personally know the family of the DA and it wouldn't surprise me if she was caught over-reaching here. The claim here is roughly that there is "evidence" that one or more shops have been failing to ID customers on these items and that some of these products wound up in the hands of a minor. I interviewed two of the shop owners in my area for comment and both claimed to me that they are not under any criminal investigation that they are aware of and vociferously claimed that they would never have sold anything that was even legally dubious and that this broad overreach is going to considerably hurt them as these legal products were some of their best selling items.

What justification exists in cases like this where police can confiscate a businesses inventory of legal items even though they are not suspect of any criminal behavior?

maple_shaft
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The article you linked seems pretty clear on why this happened.

“This investigation has been ongoing for several months,” she said. “Detectives received information that students from several local school districts were caught with THC vapes and vape cartridges and allegedly purchased those cartridges from stores in and around the Westmoreland County area.”

Over those months, detectives bought products that contained the illegal cannabis-derived substance Delta 8 and higher concentration levels of Delta 9 than are allowed under state law.

In Pennsylvania, it’s illegal to sell or consume Delta 8 products, Ziccarelli said. Delta 9 products with a concentration of more than 3% THC are illegal. THC is the psychoactive ingredient of marijuana.

Customers must be 21 or older to purchase legal Delta 9 products.

Not only are they being investigated for illegal sales to underage customers but they are being investigated for selling products above the legal concentration levels.

Disregarding the THC part of the issue it is also illegal to sell vape products to people under the age of 21 (or 18 if they are active military or a vet)

What Parents and Students Need to Know About Vaping in and out of school in Pennsylvania & New Jersey

Pennsylvania strictly prohibits the sale of electronic cigarettes or vapors or vapes to persons under the age of 21 or under the age of 18 if the person is in the military or a veteran. Self service displays of vapes are restricted to tobacco stores.

Overall it seems that the reasons for the actions fall clearly within the law.

Joe W
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