Attorney General Phil Weiser sues Mesa County-based company for illegally marketing marijuana as industrial hemp

Attorney General Phil Weiser sues Mesa County-based company for illegally marketing marijuana as industrial hemp

Nov. 26, 2024 (DENVER) - Attorney General Phil Weiser announced today that he filed a lawsuit against Foxhole Farms, a Mesa County-based business that marketed cannabis products as federally legal industrial hemp, and the company's owner Dane Snover. The lawsuit, filed in Adams County District Court, shows how investigators with the Colorado Attorney General's Office conducted undercover buys from the company that state testing labs determined far exceeded legally allowable levels of Delta-9 THC.

"Companies that sell recreational cannabis do so under strict laws designed to keep THC away from kids and ensure consumers are buying products that undergo rigorous testing," Weiser said. "When companies like the defendants in this case brazenly break the law, they undermine Colorado's regulated cannabis market, make it easier for kids to get their hands on cannabis, and may be exposing consumers to dangerous products. We will continue to hold accountable companies that try to make a quick buck by breaking the law."

The attorney general's office became aware of Foxhole Farms' illegal business practices in 2023, when a consumer in another state filed a complaint alleging the company sold cannabis products to their 16-year-old son. Though the company's website asks customers to click a button to indicate they were 21years or older, it lacks a proper age verification system.

Subsequent undercover purchases determined many of the products sold on the company's website were well above the legal limit to be classified as industrial hemp. One product tested at nearly 250 times the legal limit of Delta-9 THC content. Many products also misrepresented the amount of cannabinoid that they actually contained. Products purchased and tested by investigators included edibles, concentrates, and flower.

Despite several products containing higher Delta-9 THC levels than products sold in legal recreational dispensaries, and selling products that resemble and/or are identical to popular children's candy and snacks, none of the company's packaging was childproof, child-resistant, or explicitly stated the products contained THC at all.

Other labeling on the package contained a "notice to law enforcement" that the products contained legally allowable levels of Delta-9 THC, which likely led consumers to incorrectly believe the products were not marijuana. Of the 23 products tested during the state's investigation, 21 were mispresented on the Foxhole Farms website.

Beyond illegal levels of THC, other products contained potentially dangerous levels of chemicals. One product tested by investigators contained extremely high levels of the solvent benzene, which is prohibited for use in cannabis extraction due to carcinogenic and other health hazards. Products containing high levels of benzene can be extremely toxic, even deadly, when ingested, and these dangers can be compounded when smoked or inhaled.

Consumers who are aware of deceptive business practices are urged to file a complaint with the Colorado Attorney General's Office at StopFraudColorado.gov or by calling 1-800-222-444.

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