Vape store representative claims raid was unlawful | News

The incident resulted from recent compliance checks with local stores that sell Delta 8, 9 or THC products in the Newnan city limits. Investigators cited Georgia Code 2-23-3(6), which states that food products infused with THC are not legal to sell since the U.S. Food and Drug Administration has not approved them.

During the compliance checks, Lt. Vic McPhie said investigators shared a copy of the law with local proprietors unaware of it.

However, after visiting Newnan Tobacco and Vapor, investigators returned to the store and reportedly found that the products in question were still readily available.

A search warrant for the business was obtained, and authorities returned to the store on the same day. They reportedly seized several boxes of non-compliant inventory, but no one from Newnan Tobacco and Vapor was arrested.

According to Georgia law, hemp is legal with a THC concentration of 0.3 percent or less.

Tom Church, the lawyer representing Newnan Tobacco and Vapor, said edible hemp products were seized during the raid; however, the products were within the legal range of THC.

According to Church, the Georgia Court of Appeals ruled in November 2023 that edible or not, the products seized were not controlled substances. However, there is a caveat.

The ruling from the court of appeals is not a published opinion, which means it is not binding.

When the unpublished opinion was presented to the Newnan Police Department following the raid, Church said he was informed that the police department disagreed and pointed out that the opinion was nonbinding.

“But when the court says something, we…