Tort

Store Owners Caught in 'Operation Candy Crush' Contemplate Legal Action

Store owners involved in the recent “Operation Candy Crush,” where Rutherford County law enforcement agencies raided and shuttered 23 businesses selling cannabidiol (CBD) candies, are contemplating legal action reports The Murfreesboro Post. Law enforcement action culminated on Feb. 12, when the Rutherford County Sheriff’s Department and the Smyrna Police Department seized all merchandise containing CBD and padlocked the almost two dozen businesses, citing them as a public nuisance.
 
Proprietors argue that they broke no laws since CBD contains only trace amounts of THC, the psychoactive element in illegal marijuana. Legal CBD products must be derived from industrial hemp and contain less than 0.3 percent THC. When isolated from the plant, CBD can be distilled into an oil and added to food and beverages to be sold. If derived from an industrial plant with a clear chain of command, the oil is not inherently illegal.
 
Defense attorney Tommy Santel, who is representing several store owners, argued that CBD and industrial hemp are not identified as controlled substances. "The state has failed to even plead a sufficient case," Santel said, when asking for the dismissal of all civil injunctions and the removal of the padlocks. "The state needed to go further, the state needed to say 'derivative of marijuana' or 'derivative of industrial hemp.”
 
All criminal and civil charges against the store owners in Rutherford County part of Operation Candy Crush will be dismissed and their records wiped clean.
 
Attorneys representing those business owners are discussing how to structure any legal action, which could involve “an overarching” state injunction by stores that took their items off of shelves because they feared prosecution, as well as the Rutherford County business owners who were arrested and lost days of business, according to Joe Kirkpatrick, president of the Tennessee Hemp Industries Association. 
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Next Week: Tort and Appellate Forum 2018

A cross-collaborative CLE forum presented by the TBA’s Appellate Practice and Torts & Insurance Practice sections comes to the Tennessee Bar Center on March 29. This must-see, must-do event will feature timely topics and expert analysis from seasoned professionals, guaranteed to help you up your game and stay on top of trends and advancements relevant to your practice. The forum will feature first-rate programming from speakers and producers such as:

  • Hon. Kyle Hendrick, Hamilton Co. Circuit Court, Chattanooga
  • James Hivner, Supreme Court of Tennessee, Nashville
  • Justice Janice Holder, Private Legal Solutions, Memphis
  • Justice William Koch Jr., Nashville School of Law, Nashville
  • Robertson Leatherman Jr., Attorney, Memphis
  • Morris Ricketts, Consumers Insurance USA a Motorists Insurance Group Company, Murfreesboro
  • Nathan Shelby, Rainey, Kizer, Reviere & Bell PLC, Nashville
  • Hon. Neil Thomas, Hamilton Co. Circuit Court (ret.), Chattanooga

Topics include:

  • Updates on the appellate court’s new e-filing process
  • Updates in tort law
  • A review of the claims evaluation process
  • Practice pointers for insurance coverage and bad faith
  • Effective lawyering in front of juries
  • Ethical considerations and professionalism in appellate practice

Section members receive a discount for the program. Here’s the key info:

When: Thursday, March 29, registration begins at 8 a.m. CST

Where: Tennessee Bar Center, 221 Fourth Avenue North, Nashville

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