Grand jury report urges statewide crackdown on illegal THC sales at unregulated smoke shops

A 10-month investigative grand jury has found that smoke shops across Pennsylvania are openly selling illegal marijuana and THC products under the guise of hemp — creating what prosecutors describe as a “public health crisis unfolding in plain sight.”

Montgomery County District Attorney Kevin R. Steele, joined by Bucks DA Jennifer Schorn, Chester DA Christopher de Barrena-Sarobe, and Pennsylvania State Police Lt. Joshua Lacey, released the findings Tuesday from the report, “Unregulated, Unsafe and Illegal — The Reality of Smoke Shops in Pennsylvania.”

The 23-member grand jury reviewed months of testimony and product testing and concluded that most retail smoke shops are operating without oversight or accountability, endangering both adults and children.

    

Alarming findings on product safety

Investigators, according to the release, made undercover purchases at numerous smoke shops and sent 144 samples of THC products — including vapes and loose marijuana flower — to state and private labs.

Of those, 93.75% tested positive for full-strength marijuana with THC levels well above the legal 0.3% limit. Only four samples met the legal threshold, while four others contained no detectable THC at all, despite packaging claims.

Prosecutors said the results demonstrate that retailers and distributors are knowingly violating state law.

“This Wild West situation exists due to the lack of needed laws and oversight that puts not only adults but children in jeopardy from unregulated products, little oversight of retailers and their operations, unsafe products and illegal operations,” Steele said. “This is a community and public health emergency, and the Pennsylvania legislature needs to take swift and decisive action to regulate this industry, much like the Commonwealth regulates tobacco and alcohol products, in order to protect the public health.”

    

Children among those harmed

Grand jury testimony highlighted multiple incidents involving children — including an 18-month-old Norristown toddler hospitalized after finding a marijuana vape pen, a 9-year-old Havertown child who ate THC-infused chocolate, and a 16-year-old Lower Providence student who experienced cardiac distress after consuming a marijuana gummy bought from a classmate.

“The proliferation of these unregulated smoke shops across our county, fueled by the loophole created after the 2018 Farm Bill, presents a clear and present public health and safety threat. The fact that we now can establish that these shops are openly dealing in what they know or should know to be illegal substances and are indiscriminate with who they are dealing them to, including minors, is unacceptable,” Schorn said.

Key recommendations

The report outlined eight major recommendations for reform, including setting age limits of 21 for all THC purchases and requiring electronic ID scanning, establishing a statewide licensing system for smoke shops, similar to alcohol and tobacco sales, mandating batch testing and labeling for all THC products and clear health warnings, launching public awareness campaigns about the risks of unregulated products, and imposing civil and criminal liability on sellers and distributors who harm consumers or mislead the public.

Protect Children

• Establish age requirement of 21 to purchase THC products (all types: gummies, vapes, edibles, oils and flower);
• Require electronic ID scanning to safeguard children;
• Regulate how THC products can be marketed (prohibit the use of packaging, flavors, and advertising strategies that target children or resemble familiar snack foods);
• Restrict the sales and marketing of THC products near schools, playgrounds, childcare facilities and other places where minors gather (similar to what is done with tobacco) within a defined distance, such as 1,000 feet).
  
  

Legislative Action Needed

• Legislation is urgently needed to fix the Farm Bill to clearly state that products containing Delta-8 and Delta-10 and similar components are subject to the same restrictions as marijuana itself;
• Establish regulations on dosage, standardized serving sizes and potency, along with comprehensive labeling, of THC products (The Report noted that most states limit single servings of THC products to 10 milligrams and packages to 100 milligrams.);
• Require unmistakable markings on all THC edibles to differentiate them for ease of identification to help curb accidental consumption;
• Implement robust warning labels on THC product packaging, providing clear guidance on safe usage including dosage information, serving size and time to feel onset of effects.
  
  

Regulate Smoke Shops

• Create a statewide licensing system (just as Pennsylvania requires licenses for the sale of tobacco and alcohol), which would allow for regular oversight, limit the number of smoke shops within defined geographic areas and establish a mechanism for holding store owners accountable;
• Require training for store owners/employees regarding product safety, legal responsibilities and age verification protocols;
• Routine inspection and enforcement conducted by regulatory agencies.
  
  

Ensuring Product Safety

• Mandatory, regular batch testing of THC levels and contaminants for all products sold in smoke shops by accredited labs;
• Create a centralized information system for retail oversight that includes a list of certified testing labs, results of testing and list of violating distributors and their products.
  
  

Public Education/Awareness Campaign About Risks of Unregulated THC Products

• Raise awareness about health risks of marijuana;
• Raise awareness about legal status and synthetic THC products in Pennsylvania;
• Publicize health risks associated with untested and mislabeled products, such as mental health effects, addiction potential and exposure to harmful substances such as lead and mold;
• Raise awareness about marketing tactics used to target youth and the importance of parental/community vigilance;
• Educate the public about the difference between regulated medical marijuana and unregulated retail products.
  
  

Investigation and Criminal Penalties for Distributors Illegally Selling Marijuana

• Direct enforcement of those distributors who are knowingly violating Pennsylvania law by illegally selling straight up marijuana to smoke shops, gas stations and convenience stores outside the boundaries of Pennsylvania law;
• Enforcement must be consistent and visible throughout the state.
  
  

Pitfalls to Avoid

• Examining the experiences of other regions led the Grand Jury to recommend against overtaxing THC products, which would lead consumers to purchase from street dealers;
• Adequately fund law enforcement with dedicated resources to ensure public safety and the resources to enforce new laws.
  
  

Legislation to Establish Civil Liability Laws

• THC product sellers should be held accountable when someone is harmed by a product that was mislabeled, untested or deceptively marketed or other negligence such as failure to enforce age restrictions.

de Barrena-Sarobe emphasized that local enforcement alone is not enough: “These flagrant drug sales have sent at least one child to the hospital in Chester County. That is why we have worked closely with the Pennsylvania State Police and others in the region to search 16 smoke shops last month. Even with these investigations, we need new and thoughtful regulations to ensure smoke shops are selling the right products to the right people. Our families deserve better safeguards for their kids.”

The grand jury’s full report, released by the Montgomery County District Attorney’s Office, calls for urgent legislative action to close loopholes left by the 2018 Farm Bill and bring Pennsylvania’s THC market under clear regulatory control.