Federal lawsuit alleges illegal seizure of more than $1M of hemp from Columbia business

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

SAK Wholesale and the associated business Old School Vapor, which has retail locations in Spring Hill, Columbia and Franklin, filed the suit 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 Judicial District assistant district attorneys, Drug Unit officers from both SHPD and the Columbia Police Department, deputies with the Maury County Sheriff's Office, and agents with the Tennessee Department of Safety and Homeland Security, all of whom were present when the hemp was seized.

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

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

SHPD obtained five search warrants for the five Old School Vapor locations, the details of which have not been made public, but the plaintiffs argue that 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 the Old School Vapor retail locations in Columbia, Tennessee, the two businesses were separate and separated by a wall and door, which was closed at the time the officers entered,” the complaint reads.

“In other words, to access the SAK warehouse, officers opened a nonpublic door that they had no authority to open. In addition, at the time officers attempted to enter the SAK warehouse, a SAK Wholesale employee told officers that the warehouse was not part of Old School Vapor. In response, the entering officers said they were authorized to search it anyway. Those officers did not produce a warrant authorizing their entry or otherwise explain the basis for their claim of authority.”

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

“Sergeant Burdett told S.O. [warehouse employee] that the Fire Department was on its way to the warehouse to cut the safes open. So, if S.O. refused to open the safes, Burdett said, the safes would be destroyed,” the complaint reads. “Faced with this threat to SAK’s property, S.O. was coerced into opening the safes for Sergeant Burdett, and he did so.”

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

While not listed as defendants, according to the complaint, the Williamson County Sheriff's Office also took part in the raids, but they “refused to seize any hemp flower from Old School Vapor’s Franklin location” because hemp “wasn't in the warrant.”

“The Defendants did not seize the hemp pursuant to any claim of civil asset forfeiture, nor as part of a criminal forfeiture proceeding,” the complaint reads. 

“Rather, they generically claimed that the hemp was ‘evidence’ of a crime. But none of the Plaintiffs nor anyone associated with them was charged with any criminal offense—because, again, the possession and sale of hemp is legal under Tennessee and federal law.”

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

The plaintiffs also argue that they had “valid Certificates of Analysis” that showed that the hemp contained legal levels of THC.

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

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

The owners of Old School Vapor and SAK Wholesale are seeking damages no less than $1,350,607.00, a declaratory judgment that their rights were violated, and an unspecified award of punitive damages against the defendants.