Texas Police Pay $80,000 in Settlement for Illegal Kratom Raid

Police in Garza County, Texas cost taxpayers $80,000 in a settlement after illegally raiding a smoke shop and confiscating legal products like hemp and kratom.

The raid, which occurred on February 22, 2024, was described as a warrantless search, and the seized products included hemp, kratom, and items with THC levels less than 0.3%. The lawsuit accused authorities of violating the Fourth Amendment and resulted in significant revenue loss for the smoke shop.

The Garza County Sheriff's Department (GCSD) raid occurred in February 2024 at a shop called The Smoke Scene in the town Post, TX. The town has an ordinance against synthetic substances. Kratom, hemp, and many extracts of those substances are not synthetic.

According to the lawsuit, GCSD also slandered the shop on Facebook following the raid, characterizing The Smoke Scene's products as "illicit and synthetic drugs and misbranded drugs".

“This case is another example of overzealous action by local governments and law enforcement agencies,” said attorney David Sergi.

The lawsuit claimed the shop lost 75% of its business because of the raid.

In a related story out of Allen, Texas, smoke shop owners and their advocates filed a lawsuit against local and federal law enforcement, claiming their rights were violated during recent police raids. The lawsuit, filed by the same attorney who represented The Smoke Scene, David Sergi, alleges that the DEA and Allen Police Department used unreliable testing methods and conducted warrantless searches. The raids led to arrests and significant business disruptions, with the plaintiffs seeking the return of seized inventory and compensation for damages.