Federal lawsuit alleges illegal seizure of more than $1 million in hemp from Columbia business | News

A federal lawsuit claims 22nd Judicial District Attorney Brent Cooper and the Spring Hill Police Department illegally seized hundreds of pounds of hemp from a Columbia company, resulting in more than $1 million in damage to their inventory.

SAK Wholesale and related business Old School Vapor, which has retail locations in Spring Hill, Columbia and Franklin, filed the lawsuit on May 20, alleging violations of its Fourth Amendment and 14th Amendment rights.

Defendants in the suit include Cooper, SHPD Chief Don Brite and SHPD Sgt. Andrew Burdett.

Other unidentified defendants, listed as “John Does 1-10,” include 22nd Assistant Judicial District Attorneys, drug unit officers from both the SHPD and the Columbia Police Department, Maury County Sheriff’s Office deputies and agents of the Tennessee Department of Safety. and Homeland Security, who were all present when the hemp was seized.

Hemp containing less than 0.3% THC is legal in Tennessee.

According to the complaint, on May 9, law enforcement officers “seized the entire inventory of hemp flower without probable cause” and without the presentation of a search warrant that relates to hemp or cannabis.

SHPD obtained five search warrants for the five Old School Vapor locations, the details of which have not been released, but prosecutors say officers also searched the SAK Wholesale warehouse, which they said was not included in the warrant.

“Although the SAK warehouse was located in the same building as one of Old School Vapor’s retail locations in Columbia, Tennessee, the two businesses were separate and separated by a wall and door, which was closed at the time officers entered,” reads the complaint.

“In other words, to access the SAK warehouse, the officers opened a non-public door that they had no authority to open. Additionally, when the officers attempted to enter the SAK warehouse, an employee of SAK Wholesale told the officers that the warehouse was not part of Old School Vapor. In response, the officers who entered said they were authorized to search him anyway. These officers did not present a warrant authorizing their entry, nor did they otherwise explain the basis of their claim to authority.”

The suit also alleges that the officers initially said their search of the businesses was “unrelated to hemp flowers or HDC products,” but then the officers proceeded to “demand entry” to large safes that stored hemp inside the warehouse .

“Sergeant Burdett told the SO (warehouse employee) that the Fire Department was on its way to the warehouse to open the safes. So if the SO refused to open the safes, Burdett said, the safes would be destroyed,” the complaint states. “Confronted with this threat to SAK property, the SO was compelled to open the safes for Sergeant Burdett and did so.”

The exact amount of hemp seized was not disclosed, but described in the complaint as “hundreds” of pounds with a street value of $1.35 million.

Although not listed as defendants, according to the complaint, the Williamson County Sheriff’s Office also took part in the raids, but “declined to seize any cannabis flower from Old School Vapor’s Franklin location” because the cannabis “was not warranted “.

“Defendants did not seize the hemp pursuant to any civil asset forfeiture action or as part of a criminal forfeiture proceeding,” the complaint states.

“Rather, they generically argued that hemp is ‘evidence’ of a crime. But none of the plaintiffs or anyone associated with them has been charged with any crime – because, again, the possession and sale of cannabis is legal under Tennessee and federal law.”

The police used a hemp testing device, which they believe tested positive for illegal amounts of THC, but the plaintiffs claim there is “no evidence” that the tests used by the police could distinguish between hemp and cannabis.

The plaintiffs also claim they have “valid certificates of analysis” that showed the hemp contained legal levels of THC.

The defendants allege that Cooper refused to return the hemp and argue that the aid is likely being stored improperly, increasing “the likelihood that the hemp will be destroyed and unavailable for future retail sale.”

“The defendants in this case chose to ignore the law and illegally seize more than $1.35 million worth of hemp based on their mistaken (and unreasonably mistaken) belief that it was ‘the damn thing’ like marijuana. It is not, and Defendants’ contempt of the law violated Plaintiffs’ rights under the Fourth and Fourteenth Amendments to the U.S. Constitution,” the complaint states.

The owners of Old School Vapor and SAK Wholesale are seeking damages of not less than $1,350,607.00, a declaratory judgment that their rights have been violated, and an unspecified award of punitive damages against the defendants.