A Foley hemp store emerged victorious in court last month after the state seized nearly $75,000 in cash and hemp products from Medicinal Bay CBD alleging that it engaged in illegal drug activity.
Baldwin County Circuit Judge J. Clark Stankoski dismissed the case with prejudice, a rare move that will prevent the state from pursuing similar charges against the business in the future.
“This decision is monumental for my Client and his Business. However, I believe this decision will have much wider implications for the treatment of Hemp and the rights of all individuals in Alabama regarding Hemp and all natural plants and plant medicines,” said John Fisher, who represented storeowner Trey Stinson in the case.
The case began with a parcel interdiction operation conducted by the Baldwin County Sheriff’s Office in January. Drug-detecting dogs alerted to 16 pounds of a “green leafy substance” that the state’s complaint alleged to be either marijuana or hemp flower.
The packages were addressed to Stinson and Medicinal Bay CBD, triggering a search of the business and Stinson’s home. The complaint sometimes refers to Stinson having either hemp or marijuana, and sometimes simply states that the product has marijuana.
The motion to dismiss the case directly refuted that claim.
“All products seized by the State Agents were Hemp, verified by valid Certificates of Analysis,” the filing stated. “Nothing seen or seized by the State Agents was Marijuana.”
The attempted civil asset forfeiture comes as the legal landscape around hemp has become more restrictive, causing chaos among hemp retailers who had previously been operating lawfully without question. Many hemp stores have closed entirely rather than comply with burdensome new restrictions and others went months without supply while waiting to receive newly required licenses.
This is just one example of a store having its products seized as law enforcement officials try to enforce the new regulations.
“We were here only a year ago, in a criminal case jury trial over pretty much the same issue as this, hemp vs. marijuana. In that case, in front of Judge Stankoski, the jury found my Client, a Hemp store owner from Robertsdale not guilty of all charges,” Fisher said. “These two case decisions signal there has been a change in the law, and the public perception. This present case underscores the importance of following the law, and value of receiving due process as required by our Constitution. It also reinforces the need for all law enforcement agencies in Alabama to know and act within current State Law. Ultimately, I hope and pray this will begin a new conversation on divine rights, and how they’re related to plants and plant medicines. As I continue advocating for Hemp in Alabama, I believe we will continue receiving favorable decisions like this. Truth is truth.”
