Garza County Sheriff and City of Post, Texas Pays $80,000 to Settle Claims of Unreasonable Search and Seizure of Legal Hemp Products

Texas has experienced a crackdown on hemp retailers over the last year as more and more hemp-derived products become available on the legal market. Many of the searches and seizures taking place are being challenged in the courts. Defendants argue that the simple existence of hemp on their property does not constitute a probable cause for search and seizure.

Police on the other hand are stuck between a rock and a hard place, as they can’t argue that cannabis is cannabis, even if it looks, smells and acts like cannabis - as long as the owner claims it to be hemp. The question at hand is, can hemp be tested for THC without any further evidence of besides the fact that it is hemp?

The City of Post, Texas, and the Garza County Sheriff’s Department have paid $80,000 to settle a lawsuit alleging improper search of Smoke Scene and then seizure of legal hemp products in the store. All seized products have been returned to the store as part of the settlement.

In February of 2024, the Garza County Sheriff’s Department entered the Smoke Scene and seized more than $20,000 of legal hemp products. Garza County Sheriff Terry Morgan’s department provides law enforcement services for Post, TX. Under Texas law, hemp products are legal. Inventory of the seized product was conducted by Sheriff Department staff, Michael Copeland and Becky Beggs; then Deputies Michael Martinez and Travis Johnson seized the hemp product they deemed unlawful.

David Sergi, a hemp and cannabis lawyer based in San Marcos, Texas, filed a lawsuit alleging unreasonable search and seizure of products by the City of Post, Texas, and the Garza County Sheriff’s Department.

“This case is another example of overzealous action by local governments and law enforcement agencies. Under Texas and US federal law, hemp is legal, and the rights of store owners like Abdula Alshaif of Smoke Scene must be respected,” said David Sergi.“We will continue to aggressively fight to protect the rights of hemp store owners, many of them minority businesspeople, so they can continue to supply needed hemp products to many of our neighbors here in Texas.”

A note about this settlement: The defendants do not admit any responsibility, liability, or fault to anyone in relation to the case. We acknowledge and agree that this Settlement Agreement and Release of Claims is a compromise, resolution, and settlement of the disputed claims against defendants solely for the purpose of avoiding the uncertainty, time, trouble, and expense of litigation.