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Tag: Allen Raids Smoke Shops

RAIDED BY ALLEN PD FOR HEMP

On Tuesday, August 27th, Allen Police raided nine hemp shops, accusing them of selling illegal
products containing higher-than-allowed levels of THC. Texas Hemp lawyer David Sergi, who
represents eight of the nine store owners, stated that his clients were operating legally under
both Texas and Federal law.

San Marcos-based attorney Sergi emphasized that his clients are being accused of
manufacturing and distributing illegal tetrahydrocannabinol (THC) products, but under current
state and federal guidelines, the products they sell are legally permissible.


Who is at Fault?
While many argue that the Allen Police Department overstepped by executing search and
seizure warrants, there is a broader context. The DEA had been conducting a joint task force
investigation, targeting similar shops less than a month prior. Subpoenas were issued to several
of these same store owners earlier in the summer, with the DEA seeking access to financial
documents, customer transactions, and supplier lists—requests that Sergi claims violate the
Fourth and Fifth Amendments to the U.S. Constitution.

Sergi, who previously helped overturn a statewide ban on consumable hemp products,
successfully defended his clients against these subpoenas. In that case, a federal judge ruled
that the DEA could not obtain the requested information, marking a significant victory for the
businesses involved.

“This is straight out of a Russian KGB novel or a mafia gangster film,” Sergi remarked,
comparing the heavy-handed tactics to fiction.
The stores recently raided, including Lit Smoke & Vape, Chasing Vapes, and Hazel Sky, are some
of the same businesses Sergi represents in ongoing legal battles with the Allen Hemp Coalition.
Fighting Back

AJ Velador, founder of Hemp Industry Leaders of Texas (HILT), is organizing a GoFundMe page
to assist with bond and legal expenses for those affected by the raids. Velador and his
organization aim to put an end to what they see as unlawful and disruptive actions against legal
hemp operators and retailers in Texas.

Sergi echoed Velador’s concerns, describing the raids as poorly conceived and
counterproductive. The coalition, comprised of small, family-owned businesses, provides
employment to many in the Allen area and serves customers in need of legal cannabinoids,
such as veterans and individuals suffering from pain and PTSD, as alternatives to opioids.
Sergi further warned that the city’s actions could inadvertently open the door for cartels to step
in with unregulated and dangerous products. Industry professionals, he said, strive to work with
law enforcement to ensure that compliant products are sold to adult consumers.

The Bigger Picture for Hemp Operators
The ongoing raids have raised several critical questions for hemp business operators. How is
law enforcement testing these products? Are they using the same standards that certified labs
use to issue Certificates of Analysis (COAs)?

These concerns are especially pressing as the hemp industry faces a new legislative session,
during which lawmakers are expected to address product labeling, packaging, and age
restrictions. The May 2024 hearing of the State Affairs Committee highlighted these issues.

Sergi & Associates Response

David Sergi argues that the actions of the Allen Police Department and the DEA represent a
clear escalation of tactics used across the state to intimidate businesses selling legal hemp-
based products. According to Sergi, the raids resulted in the destruction of products, the seizure
of point-of-sale systems, and the confiscation of personal computers belonging to
employees—all actions that he contends were unlawful.


“These businesses are operating legally under Texas law,” Sergi said. “There is a right way and a
wrong way to address compliance concerns, and they have chosen the wrong way. They will be
held accountable.”

The Allen Hemp Coalition, representing many of the affected businesses, is currently fighting in
court to uphold their legal rights to operate. Sergi and his team have already successfully stayed
a DEA subpoena they deemed a blatant “fishing expedition.”

Allen TX Raids Spark Controversy

Hemp Industry in Allen, Texas Under Fire: Recent
Raids Spark Controversy:

The hemp industry in Allen, Texas is facing a significant challenge following a series of raids
conducted by local law enforcement on several hemp retailers. On AUGUST 27, the Allen
Police Department targeted 9 out of 25 hemp retailers in the city, all of whom were members of
the 10-member Allen Hemp Coalition. This selective approach has ignited a heated debate
about the legality of certain hemp-derived products and the methods employed by law
enforcement.

Images: AJ Velador ( HILT)

AJ Velador, Founder of Hemp Industry Leaders of Texas (HILT), has spoken out forcefully
against these raids, describing them as not merely an attack on law-abiding businesses; they
represent a dangerous erosion of our democratic values and the rule of law.
The timing of these raids is particularly controversial, coming shortly after recent legal victories
where Allen business owners successfully quashed DEA subpoenas and prevailed in court. This
sequence of events has led to accusations of retaliation. Critics argue that the selective
targeting suggests unfair retaliation against recent legal triumphs, emphasizing that in America,
we are governed by the rule of law, not arbitrary police action.

The businesses affected by the raids claim they have been operating within the bounds of the
law, selling hemp-derived products that they believe to be legal under current regulations. These
establishments are described as pillars of their communities, run by respectable, family-oriented
entrepreneurs pursuing the American dream. Many assert that they have diligently complied
with all applicable laws and regulations, even implementing voluntary age restrictions and other
responsible practices that exceed legal requirements.


However, local law enforcement appears to have a different interpretation of the law, particularly
concerning the THC content of these products. Industry advocates point out a potential
misunderstanding in the application of the law, particularly regarding the reliance on total THC
measurements rather than the legally relevant Delta 9 THC content.
The raids have resulted in the seizure of products and, in some cases, arrests of business
owners and employees. This has created significant economic hardship for the affected
businesses and raised concerns about due process and the appropriate use of law enforcement
resources.

The situation has created tension between the hemp industry and local law enforcement.
Industry representatives argue that they have been proactive in self-regulation and have sought
to work collaboratively with authorities to establish clear guidelines. HILT and its predecessor
organizations have advocated for sensible regulation, including age restrictions, since 2019.
In response to the raids, industry leaders have called on Allen Police Chief Steve Dye to cease
these actions, return all seized property to the business owners, and engage in a cordial
discussion to reach a peaceful resolution. They are urging lawmakers to engage with them in
crafting legislation that protects consumers while allowing legal businesses to operate without
fear of persecution.

As the controversy unfolds, both sides are preparing for potential legal battles. The outcome of
this conflict could have far-reaching implications for the hemp industry not only in Allen but
potentially across Texas and beyond. The industry maintains that the products in question are
legal, hemp-derived cannabinoids that serve crucial wellness purposes for countless Texans.
Velador emphasizes the broader implications of these actions: In a free society, disagreements
are settled in courts and legislatures, not through police raids and intimidation. The actions of
the Allen police are not just an assault on these businesses; they are an affront to the values
that define us as Texans and as Americans.

As the legal process unfolds, HILT is taking action to support the affected businesses. They are
currently raising funds for the legal defense of those arrested during the raids. Those interested
in supporting this effort can contribute through the following GoFundMe link:

This ongoing situation underscores the complex and often contentious relationship between
emerging industries, existing laws, and law enforcement interpretation. As the hemp industry
continues to evolve, it is clear that clearer regulations and better communication between all
stakeholders will be crucial to avoid similar conflicts in the future.