Grand Jury Report Finds 93% of Hemp Products Sold at Smoke Shops and Gas Stations in Pennsylvania Are Illegal Marijuana

The investigation, spanning Montgomery, Bucks, and Chester counties, found that 93.75% of 144 products purchased undercover and marketed as legal hemp was actually marijuana that contained illegal levels of THC. Officials say the findings expose a statewide pattern of retailers selling marijuana under the false claim that the products are “Farm Bill compliant.” District Attorneys Kevin Steele of Montgomery County, Jennifer Schorn of Bucks County, and Christopher de Barrena-Sarobe of Chester County joined Pennsylvania State Police Lt. Joshua Lacey in announcing the grand jury’s findings Thursday. They warned that smoke shops are misleading consumers and putting children at risk.

Undercover operations documented widespread sales of THC vapes, gummies, lollipops, and even flower labeled as containing less than 0.3% Delta-9 THC, the legal hemp threshold, but which tested far higher, often above 5%.

“These stores are selling marijuana,” said Bucks County Detective Jarrod Eisenhauer, who helped lead the investigation. “We approached it like a traditional drug case.”

Montgomery County District Attorney Kevin Steele speaks at a Thursday press conference.

The 107-page report, titled Unregulated, Unsafe, and Illegal: The Reality of Smoke Shops in Pennsylvania, concluded that the lack of state oversight has created “a community and public health emergency.”

Officials say these unregulated products are often indistinguishable from regular candy once unwrapped, making accidental ingestion a growing concern.

“This Wild West situation exists due to the lack of needed laws and oversight,” said Steele. “The legislature needs to take swift and decisive action to regulate this industry.”

The grand jury’s recommendations include setting a statewide minimum age of 21 for THC product sales, requiring ID scanning systems, implementing mandatory product testing, licensing retailers, and establishing clear legal definitions for marijuana and its derivatives like Delta-8 and Delta-10.

District Attorney Schorn called the findings “a clear and present public health and safety threat,” urging lawmakers to close loopholes created by the 2018 Farm Bill that allowed the proliferation of unregulated THC products.

“The collaboration between our counties and the grand jury has been essential to expose just how dangerous and widespread these operations have become in our communities,” Schorn said.