Courtesy of Superstar Buds Facebook
Superstar Buds cannabidiol (CBD) dispensary was raided by the Waukesha County Sheriff’s Department on March 30 for allegedly selling products that contain levels of THC over the federal legal limits.
A press release dated April 2, 2021 on the Waukesha County Sheriff’s Department’s confirms that they executed a search warrant at Superstar Buds, N88W16733 Main Street: “During the investigation leading up to this search warrant, investigators obtained evidence that the business was selling products containing prohibited levels of Delta-9-tetrahydrocannabinol (THC). These products were labeled by the business as CBD or Delta-8-THC.”
According to the press release, several products obtained from Superstar Buds during an investigation were found to have Delta-9-THC levels in excess of 20%. “During the execution of this search warrant, investigators seized numerous additional products from the business that were labeled as CBD or Delta-8-THC that are believed to contain prohibited amounts of Delta-9-THC,” states the press release. It concludes by stating that the investigation is ongoing and no other information is available at this time.
Superstar Buds owner Chris S., whose last name is withheld upon request, says that what began as a normal business day at the store (formerly known as Starbuds Medical) ended with law enforcement executing a search warrant at his business and at his home—both being trashed in the process. He says a large amount of cash was seized for the investigation, along tax records, invoices and much of his inventory.
Targeted for Advocacy?
Earlier reports indicate that Superstar Buds came onto law enforcement’s radar after two children had a nonfatal overdose after accidentally ingesting a CBD-related product that a parent purchased from the store. But Chris believes otherwise; he thinks he was specifically targeted because he’s a staunch advocate against police brutality and regularly participates in social justice marches.
He also questioned why he wasn’t referred to the Wisconsin Department of Agriculture, Trade and Consumer Protection’s (DATCP). As a participant in the state’s hemp research program, he says they can come into the store at any time to
test the potency of products. “If there is a situation where, if we are accused of mislabeling, misrepresenting or selling products over the legal THC limit, it is DATCP’s job to investigate, give us a write up and remove these products,” Chris says.
He says he has yet to see any proof or documentation that his products contained illegal levels of THC. “I want to see lab results,” he says. “And if these products are so dangerous, why can’t they just let us know what they are so we can pull them off the market?”
When asked what role would play I this particular situation, DATCP Public Information Officer Kevin Hoffman states, “Local law enforcement can and may take action using the authority they have under the controlled substances provisions and others. DATCP may also investigate and may refer a hemp licensee to local law enforcement or the state Department of Justice (DOJ).”
Fine Line of Confusion
The state-by-state patchwork of rapidly changing laws surrounding cannabis derivatives continues to confuse most people. Chris explains that Delta-8 and Delta-9 are two different kinds of THC; Delta-8 not being as strong. State and federal law both ban Delta-9-THC above .3% potency, but what about Delta-8-THC?
Hoffman writes that “a product meeting the definition of ‘hemp’ is legal for purposes of state and federal controlled substances laws. In Wisconsin, a legal hemp product meets the definition of hemp at Wis. Stat. s. 94.55(1)[1].” While the statues he referenced mention Delta-9-THC, there’s no mention of Delta-8-THC.
Hoffman adds that licensees and retailers are also responsible for complying with all other applicable local, state and federal laws related to hemp.
A January 18, 2021 Rolling Stone report details the complexity of distinguishing between Delta-8-THC and Delta-9-THC. While Delta-8 is legal enough to sell in most states, the issue remains fuzzy and can be complicated further by some processes used to produce Delta-8-THC. The article also states that the Drug Enforcement Agency is “undergoing the rulemaking process regarding the implementation of the Agriculture Improvement Act of 2018—which includes the scope of regulatory controls over marijuana, tetrahydrocannabinols, and other marijuana-related constituents.”
As for Chris, trying to pick up the pieces as he awaits charges from the Waukesha County District Attorney’s office. His store is currently “a disaster,” and he’s in the process of cleaning and documenting everything that had been damaged. “But we are reopening this week,” he affirms.
