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Post: Colorado attorney general sues marijuana company for marketing its goods as hemp

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Colorado attorney general sues marijuana company for marketing its goods as hemp
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Agents purchased 23 products from Foxhole Farms, 21 of which tested at higher levels of THC than allowed in hemp goods.

Colorado Attorney General Phil Weiser is taking a small marijuana company to court over claims allegedly made by the business that its goods were actually federally legal hemp instead of only state-legal marijuana.

Foxhole Farms – a marijuana grower, manufacturer and distributor based near Grand Junction, Colorado – has been illegally selling its goods as hemp products since at least mid-2023, the lawsuit asserts. Weiser’s office learned of it through a customer complaint filed from outside of Colorado that asserted that a 16-year-old teenager had been able to purchase cannabis online from the company.

That was enough for Weiser’s office to launch an undercover sting operation, which discovered that Foxhole was allegedly selling to minors by not verifying age properly online, and that it was improperly and illegally selling its marijuana as hemp, which by federal law cannot have more than 0.3% delta-9 THC by dry weight.

“As of November 2024, the Foxhole website can be accessed by anyone, including minors and children,” the lawsuit asserts.

Weiser’s agents purchased 23 different products from Foxhole for testing – including flower, edibles and concentrates – and found that a whopping 21 were found to be “misrepresented” on the Foxhole website as hemp instead of marijuana, by labeling the products as containing “legally allowable levels of Delta-9 THC, which likely led consumers to incorrectly believe the products were not marijuana.”

“One product tested at nearly 250 times the legal limit of Delta-9 THC content. Many products also misrepresented the amount of cannabinoid that they actually contained,” Weiser’s office said in a press release.

The labels even brazenly read, “This package contains industrial hemp products grown and produced in accordance with the Agricultural Act of 2014 … While the products may look like marijuana, they are not.” Several goods from Foxhole purchased by undercover agents with Weiser’s office bore that label, which was titled “notice to law enforcement.”

“Despite several products containing higher Delta-9 THC levels than products sold in legal recreational dispensaries, and selling products that resemble and/or are […]

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