The Andalusia City Council has postponed a decision regarding whether to revoke the license to operate the local company that is currently shut down after a search warrant was issued in October.
Mellow Haze, located 1102 MLK Jr. Expressway in Andalusia was the subject of a public hearing scheduled prior to the council’s decision whether to terminate the business license. The establishment has been closed since the warrant was issued on Oct. 12. The warrant for search was issued following reports from authorities of illegal activities. Mellow Haze is licensed to sell tobacco products through authorities of the State of Alabama and obtained the retail sales license through the city.
During the hunt, numerous items were confiscated and a few substances were subsequently sent for testing by the Alabama Department of Forensics Sciences to be tested. In the words of law enforcement officials, 28 items were taken to the lab, with eight of them classified in the category of “marijuana-illegal drug.” The results of the tests are still awaiting results for other items that were sent to the laboratory.
In the presence of business owners in an open hearing on the matter was Attorney John Peek, who stated the products being sold by Mellow Haze are all legal according to Alabama law and are in compliance with the standards of the state’s acceptable THC levels. The attorney added that the documentation which is currently in possession of police will support that.
“There is a specific quantity of TCH that is safe and legal. Every time they make the delivery, it was accompanied by laboratory results. The lab reports derived of Mellow Haze should show that they are in compliance with the limit of legality (THC threshold) according to The Farm Bill and Alabama statute. Each document that reflects the results of a test of the kind that (Mellow Haze) receives with every shipment is under the control that of the local police.” Peek said.
He also said that if products sold in the shop are illegal and the investigation is extended to include the people who supplied them to Mellow Haze, including a supplier that operates from Cullman County in Alabama. “If this is the case we’d like to address this as a company,” Patterson said.
Andalusia Police Department Investigator Tyler Patterson stated that a retired police officer was escorted into Mellow Haze to purchase items which was displayed on glass cookie containers prior to the search warrant issued in October.
“The purchased item was then sent for testing by the Alabama Department of Forensic Science for analysis. The results revealed it cannabis, which was an illegal substance for sale in Alabama. State of Alabama. Then we got the warrant for search. 28 items (seized during the investigation) were taken to the lab, with eight of them coming back as marijuana. The scientist in the lab said to me, If they were to test it for CBD it would show in the report ‘CBD’ which is presented in a different way in comparison to marijuana.”
If asked, Patterson replied that there are no specific legal limits of THC permissible in substances that are tested positive for marijuana.
In accordance with the Agricultural Improvement Act of 2018 which eliminated hemp from the list of substances that are controlled within the U.S., and later approved in Alabama through the passage of SB225. Hemp-derived cannabidiol (CBD) oil with lesser than .3 percent THC is now legal to sell in Alabama when it has the proper license. Hemp is considered any part of the cannabis sativa plant with no more than .3 percent of THC (tetrahydrocannabinol), the psychoactive substance found in marijuana. CBD isn’t psychoactive and can be extracted from hemp and other plants.
The sale and recreational use of marijuana is still prohibited in Alabama. In the wake of the adoption by the legislature of SB 46, which was passed in 2021 medical marijuana became legal for patients who have been registered.
Following the remarks made during the hearing the mayor Earl Johnson said he would need more clarification prior to taking the decision to permanently revoke the business license of Mellow Haze.
“What we’re hearing is a report that says marijuana is an illegal drug. There are a few products that are sold in Alabama that are legal as long as it’s at certain amounts of THC according to my understanding. The issue is that we do not know the exact amount of THC isn’t mentioned in the report, and that causes me to be concerned. Police officers are working hard to ensure that our streets are free of filth and we would like to maintain the same effort. But in the meantime we must adhere to the laws. I believe we need to stop and discover what options we’ve got. It is important to ensure that we’re operating in accordance with the laws,” Johnson said.
The council did not take a vote on revoking the business licence However, it will come back on the agenda at its next meeting.
Mellow Haze remains closed and the license to operate is suspended. To date, person has been arrested for any crime.
The article Andalusia council delays decision to revoke Mellow Haze business license; attorney says the products conform to the state’s THC requirements was first published in The Andalusia Star-News.
