DA No-Bills Bogus "Delta-8 Drug Dealer" Arrests Arlington TX
colepaschalllaw.com | 817-477-4100
A recent case in Tarrant County highlights a concerning trend: the overzealous prosecution of innocent people selling Delta-8 products. Casey Cole, a criminal defense attorney at Cole Paschal Law, successfully secured "no bills" from the grand jury for several store employees who were wrongfully arrested and charged as drug dealers.
The case involved an Arlington detective who purchased Delta-8 products from local smoke shops. These products were then tested at a private lab, with the detective claiming the results showed illegal levels of Delta-9 THC. However, Mr. Cole argues that these charges were entirely unfounded. The Delta-8 products were clearly labeled and sold legally, making the element of "knowing" possession, a crucial requirement in Texas drug laws, impossible to establish.
This case raises a critical question: why are law enforcement resources being focused on a product like Delta-8, which hasn't been linked to serious public safety concerns, when a deadly opioid crisis continues to devastate communities? Cole Paschal Law stands behind the rights of individuals caught in the crosshairs of these misguided prosecutions.
Tarrant County DA Dismisses Bogus "Delta-8 Drug Dealer" Arrests Arlington TX
colepaschalllaw.com | 817-477-4100
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Tarrant County DA Dismisses Bogus "Delta-8 Drug Dealer" Arrests Arlington TX
colepaschalllaw.com | 817-477-4100
Transcript: Hi there, Casey Cole at Cole Paschal Law, had a very interesting case about a week ago. So what happened was there was an Arlington detective and this Arlington detective went into a couple of smoke shops and he pulled Delta 8 products off of the shelf bought them, took them to an Armstrong Laboratories.
Had them tested and then said, Hey, wait a minute. Armstrong laboratory says this is Delta nine, not Delta eight, meaning that product would be illegal in Texas. What did this detective do? Here are the products that he pulled off the shelf. That he had tested at Armstrong Laboratories. He then went back to the store and arrested every employee as a drug dealer.
My client had four charges. His bonds were set at 110, 000, 24 years old and working as a clerk in a smoke shop. Not a drug dealer. So talk to the DA's office here in Tarrant County. And obviously there's a real problem with that case. Because under Section 481. 113a, you have to knowingly manufacture, deliver, or possess with intent to deliver a controlled substance.
How could you knowingly be selling a controlled substance that's inside of a box? Not only is it inside of a box, it's labeled Delta 8. And, they have their own lab reports on all of these products that were taken from the shelf and tested by Armstrong Laboratories. Again, certificate of analysis. So the manufacturers have already told these retailers that their product is Delta A and it's legal.
The DA's office here in Tarrant County allowed me and two other defense attorneys to put on a presentation in front of the grand jury. It went very well. They the grand jury, no build, the store owner, and all of the employees. from these charges. And I have to say what concerned me maybe the most about this whole situation, first of all, can't prove knowingly selling a controlled substance when it's in a sealed box and it's labeled Delta 8.
But number two, the amount of time and effort and manpower that went into going into these smoke shops, taking products off the shelves, having them tested at a local lab, and going back and arresting everyone as drug dealers in the store all the employees in the store. That's time and energy that could have been spent looking for fentanyl, which is killing people heroin, meth, the hard drugs that cause some serious problems.
Delta 8, not causing problems. I'm sure that the detective who started all of this has been made aware that the grand jury no billed every single case that was presented to them that day. But it was really, it was a fantastic job, and I'm just really pleased that the Tarrant County District Attorney's Office allowed me and two other defense attorneys to do that presentation and get our clients no billed the way they should.
We are also going to continue to seek early expunction eligibility on these clients because waiting three years for an expunction based off the no bill is a long time. So pretty sure the DA's office will also grant that and let our clients move forward with an expunction.