Marijuana Moment: Nebraska AG Sends Threat Letters To Retailers Over Alleged Sales Of Illegal THC Products

June 21

“Our office’s testing showed that nearly every one of these products were mislabeled.”

By Aaron Sanderford, Nebraska Examiner

The owners of 82 smoke and vape shops and other THC-friendly retailers in Lincoln are receiving cease and desist letters this week from Nebraska Attorney General Mike Hilgers (R) about selling THC-containing products.

Hilgers, the state’s top prosecutor, ramped back up his push to get stores to stop selling delta-8, delta-9 and other products containing tetrahydrocannabinol that he argues offer people an unregulated, unsafe, illegal way to get high.

Store owners in several cities that Hilgers has targeted have argued state law is unclear about the legality of selling the products. Some have argued that federal law might have a loophole allowing it.

Hilgers had said he would pause his efforts to warn and then sue retailers still offering the targeted THC products if the Legislature in the 2025 session passed a bill to clearly make them illegal in the state, which stalled. The bill is likely to return in 2026.

His office, which also files civil cases to enforce state law, has sent the letters to 204 stores statewide alleging unfair business practices, deception and violations of safety requirements for food. That tally includes 104 stores in Omaha, four in Kearney and three in Nebraska City.

Today we are announcing our office's expansion of its fight against illegal or unlawful synthetic THC by issuing cease & desist letters relating to 82 retail locations and franchised stores in Lincoln https://t.co/bh7oqRtcpr pic.twitter.com/p7484NY8LC

— Nebraska Attorney General Mike Hilgers (@NEAttorneyGen) June 18, 2025

This year, the Lancaster County Sheriff’s Office worked with AG’s Office investigators to purchase products from stores in the Lincoln area. The AG’s Office said the products were incorrectly labeled as hemp.

The letters threaten multiple aspects of the businesses, including their tobacco licenses and their bottom lines. They offer not to sue if the stores voluntarily pull the products off shelves.

“Our office’s testing showed that nearly every one of these products were mislabeled,” Hilgers said. “It operates without regard to the health or safety of Nebraskans.”

This story was first published by Nebraska Examiner.