PRESTON — A Lanesboro hemp farmer facing criminal charges after the psychoactive ingredients in his products were found to exceed the legal limit made his first appearance in court July 8.
Luis Miguel Hummel appeared without an attorney in Fillmore County District Court. He told the court he was in the process of hiring a lawyer.
A criminal complaint was filed June 12 charging Hummel with felony fifth-degree drug sales, felony possession of a controlled substance and gross misdemeanor fifth-degree drug possession. Hummel was not arrested at that time, but given a summons to appear in court.
Cannabidiol hemp and other CBD products from Hummel’s business, 5th Sun Gardens, were found during a traffic stop of a separate individual in Fillmore County. According to the complaint, testing of the products found them to exceed the state’s 0.3% tetrahydrocannabinol threshold to be considered legal hemp.
In court, Hummel agreed to be released on the conditions set by Judge Matthew Opat that he submit to random searches and submit a urine test that screens for drugs. His next appearance is scheduled for July 29.
Hummel is also in the midst of a federal lawsuit that he brought against the Minnesota Department of Agriculture. Hummel filed a civil suit in U.S. District Court of Minnesota on May 30 against the MDA, arguing that his right to procedural due process was violated when the department failed to provide him with “notice and opportunity for a hearing” and that the department violated his “constitutional rights to substantive due process when they revoked the license and directed destruction of the crop.”
The MDA on June 21 filed a motion to dismiss Hummel's suit. A hearing on the motion is scheduled for Sept. 16 in U.S. District Court in Minnesota.
Fillmore County Attorney Brett Corson said he'll treat the case like he would any other drug charge.
"I think the Department of Agriculture has to address the hemp issue," said Corson. "I'm just treating it as the substance we have right now, which is over the hemp limit, so it's THC."