Allen police executed search and seizure warrants at hemp shops across the city on Tuesday.
The targeted stores are accused of distributing products with illegal levels of tetrahydrocannabinol (THC), the psychoactive compound found in marijuana.
The operation, which involved the Drug Enforcement Administration (DEA) and the Collin County Sheriff’s Office, was the result of an extended investigation into allegations that these businesses were selling products with THC concentrations significantly exceeding the legal limit of 0.3%. According to police, products seized during the raids tested between 7% and 78% THC.
The raids resulted in the arrest of five people and the confiscation of various items, including THC products and employees’ personal computers, according to The Dallas Morning News.
However, David Sergi, a San Marcos-based attorney representing at least eight of the affected shops, contends that his clients were operating within the bounds of the law.
Sergi criticized the police’s actions as an overreach and a tactic to intimidate businesses involved in the legal hemp industry.
“There is a right way and a wrong way under Texas law to deal with products that may be out of compliance, and they have gone down the complete wrong path, and they will be held to account,” Sergi told DMN.
The controversy surrounding these THC products in Allen has been brewing since May when Allen Police Chief Steve Dye issued a warning letter to local CBD and vape shops about the risk of selling products with illegal THC levels.
“You are at risk of having your certificate of occupancy revoked by the city. Additionally, since such products are classified as a penalty group 2 substance due to the THC content levels, you and your staff could face possible criminal penalties for the manufacture or delivery of a controlled substance,” the letter said.
In July, a federal judge temporarily halted a DEA subpoena demanding records from the affected businesses.
As previously reported by The Dallas Express, recent attempts to decriminalize marijuana possession in Texas have produced varied outcomes, as shown by a recent rejection of such a proposal in Lubbock earlier this year.
Proposition A, which aimed to decriminalize the possession of up to four ounces within Lubbock, initially sparked considerable discussion and controversy. However, the measure was defeated in the May 4 election, with 64.6% of voters casting ballots against it.
Yet, other Texas cities have also been actively pushing for new legislation surrounding marijuana laws. In 2022, voters in Austin, San Marcos, Killeen, Elgin, and Denton supported measures to decriminalize minor marijuana offenses.
In January, Attorney General Ken Paxton initiated a series of lawsuits against the five Texas cities over their policies of amnesty and non-prosecution for marijuana possession and distribution. In response, some of those cities are vigorously contesting both the lawsuits and the enforcement actions.
Following Paxton’s lawsuits in January 2024, Denton, Elgin, and Killeen have continued to uphold their policies of suspending citations and arrests for marijuana possession, with certain exceptions, as previously reported by The Dallas Express.