Those authorities managed to find some minor violations, like extension cords that were plugged in where they shouldn’t have been, for one example. But the cops were more interested in some of the products the business was selling – namely hemp products like delta-8, delta-10 and THCa.
In 2018, the U.S. Farm Bill legalized hemp, cannabis with less than 0.3% delta-9 THC, the chief psychoactive component in weed that gets users high. Texas implemented a similar bill the following year. Based on the legislation, anything with more than 0.3% delta-9 is considered illegal marijuana, while product with less than 0.3% delta-9 is considered legal hemp. Since the laws were passed, products with other forms of THC, like delta-8, delta-10 and THCa (which can get users high) have hit store shelves across the country and in Texas.
Brown and his sister, Michelle Sayers, started the business in 2017 and moved to their current location in 2020.
Many of the products Venom Vapors sells come with a certificate of analysis (COA), which lists the constituents and shows that they are compliant with state law. A detective told Brown he scanned the COA for one of the shop’s delta-8 dab products and that it showed there was too much THC for it to be legal. “That just isn’t the case,” Brown said. But, the cop said the COA showed the product had something like 80% THC. Brown tried to explain that the COA showed it was within the legal limit of delta-9 THC and that the 80% was actually the delta-8 content. “That’s when things kind of went sideways,” the shop owner said. “They didn’t take the certificate of analysis for what it was. They instead turned it around and used it against us, which was very alarming.”
Brown claimed the police used the COA to secure a search warrant from a judge, but he thinks if the COA had been presented accurately, the police wouldn’t have been able to get the warrant. The police confiscated all the delta-8 dab products, some delta-8 and delta-10 hemp flower, and some THCa prerolls. They also took over $36,000 from the business as evidence, and eight electronic gaming machines that they say were being used for illegal gambling. (Brown said the machines are also compliant with state law.)
After the raid, the Killeen Police Department issued a press release that said it had conducted a special detail outside the shop the night before and had arrested seven individuals on charges ranging from possession of a controlled substance to resisting arrest. None of these individuals were with the shop, and no charges have been filed against any of the shop's owners or employees."It’s been a scary week.” – Kyle Brown, Venom Vapors
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“On Friday, October 20, 2023, detectives conducted an inspection, with the assistance of the Killeen Fire Marshals, Killeen Code Enforcement, and Killeen Building Inspectors,” police said in the press release. “During the inspection, illegal narcotics were displayed inside the business. A narcotics search warrant was executed, and detectives seized 120 grams of THC products, 56 grams of marijuana, eight electronic gambling devices (computer towers), six gambling ledgers, gambling paraphernalia, and $36,117.00 in U.S. currency.”
The police said no other information would be released while the investigation is ongoing.
Brown said he was told the hemp products would be sent off to a lab to be tested and that he’s worried about the manner of testing and the results. Heat is often used in law enforcement testing of these products, which can skew the results of tests of THCa, for example. “We’re very concerned right now that the [police] lab results may not be accurate,” Brown said. He believes law enforcement should trust the COA.
Brown’s situation may sound familiar to Observer readers. That’s because stories like this have cropped up around North Texas in recent months.
First, there was a raid on a Garland hemp shop called bee Hippy Hemp Dispensary. The Garland Police Department and a Drug Enforcement Administration (DEA) task force searched bee Hippy on June 7 and arrested the store’s owner and a longtime employee – Christopher Charles Fagan and David Lee Dranguet – for allegedly selling products with too much THC. During the raid, the cops seized all of the store’s product, along with a tiny home that was positioned just outside the store, cash, numerous personal items and even the bee Hippy mascot outfit.
Fagan claims all of the products were legal hemp. The shop was forced to shut down temporarily but has since reopened.
Then there was a raid on a smoke shop in Little Elm called Happy Hippies.
On August 29, Jonathan Pollak, the owner of Happy Hippies, got a phone call from the Little Elm Police Department, who told him he needed to come down to the shop. He said that when he arrived, the number of law enforcement at the shop reminded him of a scene out of a movie. After entering, he found that police had already removed products from the shelves and were examining them. The search warrant stated the cops were there to look for THC. Pollak claims all the THC products he sold at the shop were derived from hemp and compliant with state law, but the police weren't so sure.
Though Pollak was never arrested, the shop has been shut down ever since, and it’s all but ruined him financially. Reached for comment Friday, Pollak said without the income from his shop, he’s had to return his car to the dealership, sell all of his guns and most of his reptiles (he had aspirations of opening a pet shop), and list his boats for sale. He said he’s also since lost a custody battle for his kids because he isn’t able to pay his attorneys anymore.
“In a couple of months, I may be calling The Bridge [a Dallas homeless shelter] home,” Pollak said. “Literally lost my damn life.” He said the town of Little Elm is essentially making him start all over with his business. He has to draw up new business plans, have the building inspected again and apply for a new certificate of occupancy with the town.
In Killeen, Venom Vapors has reopened for now. Brown said he’s hoping the shop will be able to bounce back after the raid, but it’s already affecting business. “Yesterday we had three customers, where before we would have customers in and out all day,” Brown said. “Most people think we’re closed. We’ve had people tell us that they’re afraid to come. … It’s been a scary week.”
Brown said he and his sister are just taking one day at a time.
“We’re scared of what’s going to come,” Brown said. “Is our future going to have our business still in it or is this going to end us?”
