Police: Businesses accidentally sell marijuana in Henderson

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HENDERSON, Ky. (WEHT) – Henderson Police say vape cartridges and gummy packages laced with marijuana were intentionally mislabeled so businesses would sell the product.

Police performed controlled buys at 10 locations throughout Henderson. The items were labeled as containing Delta 8 and Delta 10, both of which are legal in Kentucky.

However, police said the products actually contained more than 0.3% Delta 9, which is illegal in the state.

Between Oct. 26 and Nov. 10, HPD seized more than $30,000 in marijuana products.

“It wasn’t until I went to a narcotics conference that I ran into people that had already purchased it and sent it to independent labs confirming that these companies are packaging this stuff and it’s not actually Delta 8 and Delta 10. And they gave me advice on what field tests I could get to kind of confirm it as well,” said Detective Daniel Burden.

“Several of the locations wanted me to test every brand that they had, which we did. We performed field tests on every brand that they had. Every brand field-tested positive to contain more than .3% THC, the Delta 9 variant. So we believe that they’re intentionally deceiving the stores in order to sell more product,” explained Burden.

He said at this time, none of the Henderson businesses are in trouble because they probably didn’t realize what was in the products.

“I believe that the majority of products, whether it’s in Indiana or Kentucky, that are labeled Delta 8 and Delta 10 are not what they are labeled as. Just because I had so many different brands that claimed to be Delta 8 and Delta 10, and all of them tested to be Delta 9,” said Burden.

He told Eyewitness News that the products are also being sent to an independent lab to confirm the field test results.

The incident is still under investigation.

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