CRB Monitor News
No Result
View All Result
  • Login
  • Register
  • Licensing
  • Regulation
  • Markets
  • Securities
  • Research
SUBSCRIBE
  • Licensing
  • Regulation
  • Markets
  • Securities
  • Research
No Result
View All Result
CRB Monitor News
No Result
View All Result

Georgia Resident Files RICO Suit Over Cannabis Sold as Hemp-Derived

Cookies, Stiiizy, labs and retailers accused of conspiring to violate federal Farm Act

Zack Huffman by Zack Huffman
3 years ago
Reading Time: 4 mins read
0
Home Markets

A Georgia resident, with the help of an attorney who was involved in other lawsuits concerning alleged lab testing fraud, is suing Cookies, Stiiizy and an assortment of vape shops and testing labs for allegedly enabling a scheme to sell federally illegal cannabis products as legal hemp-derived intoxicants. 

The lawsuit identifies the plaintiff as Hannah Ledbetter as a resident of Georgia. There’s no more information about her in the complaint. Her attorney, Luther Sutter, is an Arkansas-based lawyer who previously represented plaintiffs in his home state that twice sued testing company Steep Hill over alleged THC inflation in its testing lab in Arkansas.

The most recent lawsuit from Arkansas was filed last February before it was removed from state to federal court. Sutter was able to get the case remanded back to state court, but on Feb. 16 he filed a motion to dismiss the case with prejudice because both sides reached a settlement with undisclosed terms.

RELATED POSTS

Edible Brands Expands Hemp-THC Offerings Nationwide

Stiiizy Hemp Products Draw Another Federal Lawsuit

Georgia Board of Pharmacy Stops Issuing Cannabis Licenses After DEA Warning

Ledbetter purchased five vape products in and around Atlanta under the assumption they were federally legal hemp-derived delta-8 THC. She then took the products to an unidentified testing lab and found that they contained more than the legal amount of THC for a hemp-derived product.

The 2018 U.S. Farm Act essentially legalized hemp-derived products as long as they contained no more than 0.3% of delta-9 THC by dry weight. Whether or not this includes other hemp-derived THC derivatives  remains a legal gray area. This has allowed a flourishing industry of hemp-derived cannabinoid (HDC) products that can be sold across state lines, especially in markets where adult-use cannabis is not legal.

Georgia allows only low-THC oil, up to 5% THC, for certain medical conditions.

“To reassure herself that the product was legal, Plaintiff had the marijuana tested. The tests revealed that the Manufacturer and Retailer Defendants routinely sell illegal D8 vape pens,” said the 49-page complaint filed on Feb. 6 in the Northern U.S. District Court of Georgia.

CRB Monitor CRB Monitor CRB Monitor

This lawsuit charges the companies with RICO violations and includes at least two notable national cannabis brands. In total, the lawsuit includes four producers of vape products, three retailers and three testing labs.

Cloud 9 Online Smoke & Vape is a chain of vape shops with over 50 locations in Georgia and Florida. Xhale City, another chain of vape shops has over 50 locations in Georgia, while Element Vape is an online retailer that ships to multiple states, including Georgia. 

Cookies, Stiiizy, Savage Enterprises and L&K Distribution are all named as defendant producers of the vapes. 

The lawsuit also alleges criminal action from a trio of testing labs: Columbia Laboratories in Oregon, which supplied the Cookies certificates of analysis (COA); Encore Labs in California, which provided COAs to Stiiizy; and Pharmlabs, also in California, which provided COAs to Savage Enterprises and L&K Distribution.

Ledbetter alleges that the manufacturers of the products deliberately sought out testing labs in Oregon and California until they found ones that would overlook contaminants and measure less than 0.3% THC so that the product still counted as legal hemp. In other words, Ledbetter claims they lab-shopped.

Ledbetter is also seeking class action status for herself and anyone else who may have purchased these products. In order to establish that status, Ledbetter’s attorney is planning to use discovery to access the retail defendants’ customer databases.

“Defendant(s) maintains a database that identifies persons who purchase D8 products and the type of D8 products purchased from the corporate Defendants through credit card receipts and customer loyalty clubs,” said the complaint. “There are thousands of class members.”

Ledbetter is seeking damages based on the cost of the vapes she bought, because their illicit status renders them essentially worthless. The lawsuit is assuming those damages could exceed $50 million based on how many supposedly illicit vapes were sold.

MSOs target growth through HDC products

Well-known brands including Cookies, Stiiizy, Curaleaf and Runtz, the latter two of which are not involved in the case, have turned to hemp-derived delta-8 products to both build their brand and allow for mail delivery, reaching states that may not already have a legal cannabis market.

Stiiizy’s own website notes that “embracing the world of hemp opens up a multitude of possibilities,” in terms of product variety. Though the company does not explicitly list this as a goal, being able to sell in larger markets likely helps establish these brands.

Their efforts are leading to feuds within both the legal cannabis and hemp industries.

“They are not limited on their marketing, so they’re able to take their brand, put CBD behind it or delta-8 or delta-9, and then market it out on the regular channels that we can’t because we’re THC,” explained Laurie Holcomb, CEO of Gold Flora, a California-based cannabis company.

Holcomb was speaking during the 2023 State of the Cannabis Industry Conference in Waltham, Mass.

Keep up with all the news impacting the regulated cannabis market with the CRB Monitor weekly news digest. Subscribe now.
Tags: Georgia
Share2Tweet7
Zack Huffman

Zack Huffman

Zack cut his journalistic teeth covering high school sports in the south before spending a decade covering local government, politics and the courts in the Boston, Massachusetts area. He’s previously written for Vice, WIRED, Mental Floss, GrownIn, the Boston Institute for Nonprofit Journalism, Talking Joints Memo, and DigBoston.

Related Posts

Cannabis rescheduling stalls until after Election Day
Litigation

Cannabis rescheduling stalls until after Election Day

2 weeks ago
The Potter Stewart Courthouse in Cincinnati, OH
Litigation

NORML urges 6th Circuit rehearing on cannabis contracts

3 weeks ago
Cannabis residency rules head to Supreme Court
Litigation

Cannabis residency rules head to Supreme Court

1 month ago
An RFID tag hangs on a young marijuana plant in Colorado. Oklahoma will soon implement a seed-to-sale program that will require all plants be traced from their early life to when they are sold to consumers. (Wikipedia Commons)
Litigation

N.M. Cannabis Industry Sues Over BioTrack Shutdown

2 months ago
Next Post
CRB Monitor News

CA Regulator Pulls Challenged Track and Trace Rule

Commerce Clause Bid to Block Maryland Licensing Lottery Fails

Commerce Clause Bid to Block Maryland Licensing Lottery Fails

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Subscribe to Download

Read CRB Monitor’s Seminal Analysis of Cannabis Business Risk

Election Day was Nov. 3.

Massachusetts voters crush effort to repeal legal cannabis

by Zack Huffman
November 8, 2026
0

Amid the so-called Blue Wave that swept the country on Election Day, were more affirmations that cannabis legalization remains popular...

DEA approves 900-plus medical marijuana dispensaries

DEA approves 900-plus medical marijuana dispensaries

by Zack Huffman
November 5, 2026
0

The US Department of Justice has registered more than 900 medical cannabis retailers across seven states that currently only have...

Cannabis rescheduling stalls until after Election Day

Cannabis rescheduling stalls until after Election Day

by Zack Huffman
October 23, 2026
0

It now appears that any new movement on rescheduling will have to wait until at least after Election Day. Chief...

The Potter Stewart Courthouse in Cincinnati, OH

NORML urges 6th Circuit rehearing on cannabis contracts

by Zack Huffman
October 23, 2026
0

Challenges are mounting over the federal legality of business contracts involving cannabis companies as the federal government continues to stall...

CRB Monitor

Cannabis Corporate Intelligence

  • About us
  • Editorial
  • Home
  • Login
  • Lost Password
  • My account
  • Privacy Policy
  • Subscription
  • Cannabis Investing
  • Legislation
  • Licensing
  • Litigation
  • Markets
  • Premium
  • Regulation
  • Research
  • Securities
  • Uncategorized
  • Resources
  • Leadership

© 2023-2025 Enhanced Compliance Solutions Inc.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • About us
  • Account
  • Cart
  • Checkout
  • Checkout
    • Confirmation
    • Order History
    • Receipt
    • Transaction Failed
  • Editorial
  • Home
  • Login
  • Login
  • Lost Password
  • My account
  • Newsletter
  • Privacy Policy
  • Subscribe data
  • Subscribe to our weekly licensing news digest
  • Subscription
    • Register to receive full access

© 2023-2025 Enhanced Compliance Solutions Inc.

×