Upstate police seize Delta 8 THC products from vape shop, owner argues they’re legal

Upstate police seize Delta 8 THC products from vape shop, owner argues they’re legal
Both Delta 8 THC and Delta 9 THC are found in a hemp plant. But one is a controlled substance and one is not. (Source: Live 5)

CLINTON, S.C. (WYFF) - A Laurens County vape shop is under fire after police seized $5,000 worth of products.

Clinton police seized a number of Delta-8 products from TSR Vape Shop on Monday. Police say the Delta-8 products the owner was selling are illegal, but the owner says otherwise.

Both Delta 8 THC and Delta 9 THC are found in a hemp plant. Delta 9 THC is found in marijuana and is a controlled substance in South Carolina.

“They just told me point blank that they had it tested, it broke the law, so they’re taking my stuff,” TSR Vape Shop Robert Oggenfuss.

Oggenfuss says police told him Delta-8 is illegal in the state of South Carolina, explaining it contains too high a level of THC.

The Clinton police chief referenced SC Law 44-53-0190, which classifies Delta-8 as a controlled substance for having levels of THC.

“It has a little bit in it but not too much,” Oggenfuss said. “It has .3 is all it has. Other than that, the Delta-9 is higher than that, and that’s what he was claiming my product had.”

According to the South Carolina Hemp Farming Act, a product cannot contain more than 0.3% Delta-9 THC. No South Carolina law appears to specifically address Delta-8.

Oggenfuss says Delta-8 had a lower THC level than Delta-9.

WYFF found lab reports for some of the items seized from TSR Vape Shop. They’re posted on the manufacturers’ websites and show the Delta-9 THC levels are below 0.3%.

Oggenfuss says he’s never had an issue selling Delta-8 before and is frustrated with the ambiguity of the situation.

“I want my product back so I can make my sales, so I don’t lose my customers,” he said.

Oggenfuss also says police never showed him a warrant when they came into his shop.

“They showed me nothing,” he said. “I kept asking for papers, asking for papers, asking for papers.”

The Clinton police chief says the products were in plain sight, so a warrant wasn’t needed.

Police say the products have been sent to SLED for testing. The chief says the case is still open and no charges have been filed yet.

Clinton police say they’ll be seizing any other Delta-8 products from shops in the area.

WYFF also reached out to the South Carolina Attorney General’s Office, which says it does not have a comment in this specific situation. A spokesman pointed to its July 2019 opinion on the South Carolina Hemp Farming Act.

“Any determination as to whether a violation has occurred is a factual decision for law enforcement and/or the local solicitor,” a spokesman for the AG’s Office said.

Therefore, he says a local solicitor would deal with these cases, not the AG’s Office.

Copyright 2021 WYFF. All rights reserved.