Arrest warrant affidavits obtained exclusively by Texas Hemp Growers reveal that an undercover police officer entered a Garland, TX, store and purchased THC products weeks before it was raided.
On at least three occasions in May, Officer Eujenio Gallegos entered Bee Hippy Hemp in Garland and purchased THC-infused products from the store’s owner, Christopher Fagan, and its shop manager.
Starting on May 4, Officer Gallegos bought 1.2 grams of THC crystals and 7 grams (¼ oz) of a “THC leafy green substance”, which was presumably THC-infused hemp flowers.
The officer returned a few weeks later, on May 23, and bought 13.8 grams “marijuana,” according to the affidavit – although again, this was presumably hemp flower.
Finally, on May 26, Officer Gallegos returned once more and purchased another 14 grams of flower–this time exchanging money with Fagan.
In every case, the officer conducted a field test and determined the THC levels were above 0.3% THC.
Using this information, the officer was able to secure arrest warrants for Fagan and his store manager. Unfortunately, the store manager was hit with two felony charges concerning delivery of marijuana and THCs, since the officer interfaced with him in two of the three visits.
Fagan was charged with “delivery of marihuana” – a felony – for his transaction with the officer on May 26.
On its website, Bee Hippy Hemp states it has temporarily closed until further notice. In a statement to the Dallas Observer, Fagan asserted his innocence and that his products are legal.
“Everything we sell is legal and compliant hemp, and we have the certificates of analysis [lab tests] to prove the delta-9 THC potency is within legal limits and was derived from Farm Bill compliant hemp,” Fagan told the Observer.
Even with the affidavits, it’s hard to know for sure which products were purchased. If Officer Gallegos purchased delta-8 infused products, then Fagan has some defense with the current injunction in place against the state’s ban on delta-8 products.
However, if the products were high in THCa, then the police department’s test will convert it to delta-9 THC. Bee Hippy Hemp lists several THCa-infused products on its website, along with THCa vape cartridges.
Texas Hemp Growers previously confirmed that the Texas Department of Public Safety uses gas chromatography testing for all drug-related cases. This standard likely extends to every law enforcement agency in Texas.
While Fagan may have tests showing “less than 0.3% delta-9 THC”, if they were conducted using any method other than gas chromatography, he and his employee will have an expensive uphill legal battle proving their test is more valid than the department’s. We’ve previously explained why this distinction is important.
This unfortunate case underscores the responsibility retail store owners have to their employees and their customers. The case of Bee Hippy Hemp is not an isolated one. In almost every hemp storefront, owners have willingly added these legally dubious products onto their shelves and are putting their employees and customers in the direct path of a felony arrest. And in all cases, those owners point to half-true test results as justification for putting their employees and customers at risk.
A felony is life-changing. Most notably, it takes you out of any hemp program for 10 years! But it also messes with other areas of your life, including employment and education.
Please sell responsibly. Your employees and customers depend on it.