NASHVILLE, Tenn. (WTVF) — A new lawsuit has been filed against Spring Hill Police and District Attorney Brent Cooper, claiming they illegally seized more than $1.35 million of hemp, believing it to be the same thing as marijuana.
The two businesses that sell the hemp are Old School Vapor and SAK Wholesale, both Tennessee-owned businesses with headquarters in Columbia. They say in the suit that there was no search warrant or probable cause for taking the hemp. They claim the defendants took the hemp based on "evidence" of a crime — without explaining what that specific evidence is.
A similar scenario happened in 2018 with operation Candy Crush, when law enforcement padlocked 23 stores and indicted 21 people for selling gummy candies allegedly containing a marijuana derivative. However, these stores reopened after the product was not proven to be illegal and charges were dropped.
The possession and sale of hemp in Tennessee is legal, provided that the Delta-9 THC levels are not greater than 0.3% of dry weight.
One of our reporters spoke with the District Attorney Cooper, who said the hemp was initially seized because it was believed to illegally contain the drug psilocybin. Cooper says if it proves to be legal hemp, it will be returned.
However, plaintiffs SAK Wholesale and Old School Vapor are asking for compensation because the products that were taken mean a stall in their sales.
"If the hemp is not returned immediately, it is likely that the entire million-dollar-plus quantity of inventory will be ruined," the plaintiffs wrote.
So, what are they asking for?
Three things:
- Return of their property
- Compensation for damage of their property
- Ensure that defendants don’t continue to violate their constitutional rights in the future
We will update you as we have more information about this case.
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