[3.x]: hasSales attribute not filtering out items that are not promotable

[mcclaskiem]

What happened?

Description

I have a weird issue where items that are not promotable are showing up when I use the hasSales attribute set to true on a variant query:

{% paginate craft.products({
    relatedTo: params,
    limit: 15,
    order: 'sku asc',
    with: [['frontImage', {withTransforms: ['viewAll']}]],
    hasVariant: variantQuery
}) as pageInfo, products %}


 {% set variantQuery = {
    hasStock: true,
    hasSales: saleItems ? true : false
} %}

I have a query parameter that is being passed from the frontend to determine if the user is looking for on sale items or not

Steps to reproduce

Expected behavior

Expect that returned results will all have active sales when user requests "sales items"

Actual behavior

Showing all items related to their filtered query

Craft CMS version

3.9.5

Craft Commerce version

3.4.23

PHP version

7.4

Operating system and version

No response

Database type and version

No response

Image driver and version

No response

Installed plugins and versions