A Camden business owner came before the City Council on Tuesday to discuss his recent arrest and how ongoing litigation has affected his business.
In February, the Camden Police Department arrested Jesse Hooks, owner of Star Fire Smoke Shop, and Michael Jones, owner of High Notes, on charges of possession of a Schedule IV controlled substance Schedule with purpose to deliver.
"We've recently had a disagreement with the police department about our hemp products," Hooks said Tuesday during the audience participation portion of the Council meeting. "They have came in and taken our hemp product, pretty much crashed my businesses. I'm here not to disagree with what they've done, but just to educate people on what I have been doing, what I am doing and will continue doing."
Hooks passed out a pamphlet to aldermen that he said showed several stores in Arkansas that carry the same products he was arrested for selling, as well as what he said were lab results from Florida-based ACS Laboratory showing that his products did not surpass the legally allowed amount of Delta-8.
Delta 8 is a psychoactive compound found in the cannabis plant, from which marijuana is derived. According to the U.S. Food and Drug Administration, Delta 8 is traditionally used in hemp or CBD products, whereas Delta 9 is the primary compound in THC -- the primary cannabinoid in marijuana -- products.
"I have to keep my business going," Hook said, adding that he has yet to be formally charged.
"I really wish to see a resolution on this matter so the city and CPD will leave my business alone," Hooks continued. "I generate taxes. I will continue to generate taxes. I've always paid my taxes."
City Attorney Michael Frey said court would be the appropriate venue for Hooks to plead his case.
"I think a lot of what he is saying is accurate, as far as there has been a lot of misunderstanding about hemp products," Frey said. "In this case, there would have been an affidavit for warrant of arrest filed by the criminal investigation department. They take that to a judge, the judge reviews it and the judge issues the arrest warrant."
"That's going to end up being settled in the circuit court. As far as lab results and test results, that's really the appropriate forum for that," Frey added, telling Hooks that until the matter has been resolved in court, continuing to sell the controversial products would likely result in legal action.
"If there is no change in circumstances, I don't see how it doesn't result in another affidavit being sought," Frey said.
In March, Jones was re-arrested on similar charges for restocking hemp products on his shelves.
In February, CPD Chief Boyd Woody said he'd received complaints about "these types of businesses," and asked the captain of the CPD's Narcotics Unit, John Voss, to "to look into the legality of having these types of stores."
"I just want to reassure the people of Camden, it's not something we just went out and arbitrarily did. We did make controlled purchases and we're getting assistance," Woody said in February.
Woody said samples of products obtained from both stores were tested at the State Crime Lab in Little Rock and tested above the lawful limit of THC.
"There's a fine line with what is legal in Arkansas and what's not yet," Woody said.
A press release from Voss states that the department had been contacted by local residents concerned that the High Notes and Star Fire Smoke Shops were selling marijuana after seeing advertisements promoting "recreational THC, Delta 8 and 'No Medical Card Needed'."
"I began an investigation into the activities concerning the items this store was openly selling to the public without a license. The store owners were claiming the items they were selling were less than 3 percent TCH and were legal in the state of Arkansas and had proper documentation," Voss's release states. "I spoke with a source who explained to me any person in possession of Hemp material (cannabis plant) needs a license, and if the store does not have the license the store's owner is in violation of State Law ACA 2-15-514, the Arkansas Hemp Protection Act of 2021."
According to the law Voss cited in the release, sellers of industrial hemp must have proper licensing or a bill of lading, demonstrating that the hemp was legally imported or otherwise legally present in the state under applicable state and federal laws.