California-based cannabis company Stiiizy Inc. is being sued over its Delta-8 hemp products. The class-action case is being brought by Taylor Byron in Illinois and Taylor Berry in Missouri, who both claim the products are not legal hemp, but instead regulated cannabis containing more THC than allowable by law—in some instances nearly 200% more of the active ingredient, THC.
Stiiizy sells a variety of cannabis and Delta-8 products through stores and online sales throughout the United States, including in Illinois and Missouri, where the plaintiffs are from. Stiiizy’s Delta-8 products include Delta-8 vape pens and edibles, which, under federal, Illinois, and Missouri law, must contain less than 0.3% of active THC to qualify as Delta-8 hemp products.
The complaint alleges that the Stiiizy products contain significantly more than the allowable 0.3% THC. They claim that an independent laboratory test performed on the Stiiizy Skywalker OG Pen Delta-8 showed that the product contained 3.57% Delta-9 THC. The lawsuit goes on to state that the labeling is incorrect and that Stiiizy profits financially from misrepresenting its products.
Illinois
Byron, who is a resident of Illinois, said he purchased a Delta-8 Stiiizy Starter Pack, which is a Stiiizy D8 Product manufactured, distributed, advertised, and/or sold by Stiiizy, for full retail price at Vape X in Swansea, Illinois, which is located within St. Clair County, Illinois. She says she relied on the packaging information and the purported lab results. However, the THC levels were much higher than the legal limit of 0.3%.
Missouri
Berry, who is a resident in the state of Missouri, also claims to have purchased a Delta-8 Stiiizy Starter Pack, which is a Stiiizy Delta-8 Product manufactured, distributed, advertised, and/or sold by Stiiizy, for full retail price at Green Dragon CBD in Chesterfield, Missouri, which is located within St. Louis County, Missouri. Berry claims she would not have made the purchase had she known the true levels of THC in the products. Delta-8 products are essentially unregulated in Missouri.
Big Money
The case claims that the Delta-8 market is a multi-million dollar industry and that the amount at issue is over $5 million. That is why they argue the case merits class action status and are asking for any other members who have purchased Stiiizy hemp products in these states to join. While the case states they don’t know how many people could be a part of the case, they believe it to be thousands of consumers.
2018 Farm Bill
The 2018 Farm Bill passed by Congress stated that hemp products containing less than 0.3% THC were legal and not subject to the same restrictions as cannabis products with much higher THC levels. The case claims that Stiiizy has broken this law by knowingly selling products containing higher levels of THC, but which are labeled as hemp.
The case alleges that Stiiizy deceptively packaged, labeled, and advertised these products violating both Illinois and Missouri laws. It is also very similar to another class action case filed in Georgia that includes Stiiizy as well as Cookies and others.
1825000-1825486-https-ecf-ilsd-uscourts-gov-doc1-06915928341
The class action case claims the products have more THC than legal hemp is allowed. Read More
