A Kings Mountain man who is facing felony marijuana charges made his first court appearance Feb. 25, after his downtown business was searched and nearly 170 pounds of processed marijuana was seized, according to Kings Mountain Police.
Police said in a news release that they seized 167.91 pounds of processed marijuana, around 20 dried marijuana plants and about half a pound of marijuana byproduct, from Ole Skool Hemp, which is located on South Battleground Avenue.
Dustin Ray Spake, 49, was arrested and charged with trafficking marijuana and maintaining a dwelling/vehicle/place for controlled substances.
If convicted, he could face up to six years in prison.
Police said the investigation remains ongoing and additional charges may be forthcoming.
During Spake’s court appearance his attorney, Ben Scales, said Spake has a USDA license to grow hemp.
“He and his wife have lived in Kings Mountain for the past 25 years,” Scales said. “They own their own home here. He was operating a storefront in Kings Mountain and law enforcement went in and said that he was selling marijuana. He has a license from the United States Department of Agriculture to grow industrial hemp.”
He said Spake believed he was complying with the law.
“When law enforcement came in on Friday, they seized a quantity of dry flower and other plants that were hanging in his space, in his storefront, but they left behind about 300 growing plants, which could indicate to me that they don’t believe he is a danger to the community,” he said.
Assistant District Attorney Katie Sawyer said Kings Mountain Police Department did several controlled buys at Ole Skool Hemp using a confidential informant. She said the informant would go in and ask to “buy the good stuff.”
She said employees were interviewed by Kings Mountain Police and according to those employees Spake made statements saying that of course his product would “test hot,” or above the legal limit.
“Kings Mountain Police Department did send everything that confidential informant bought to a private lab, and all of it tested above the legal limit,” Sawyer said.
Scales said the requirements of Spake’s license and the way the USDA regulations read, if some of the product “tests hot” there are procedures to follow to remediate the problem.
“The regulations read they’re supposed to be able to destroy the product,” he said. “He has a woodchipper that he would use under the supervision of United States Department of Agriculture for something that is hot.”
Scales said regulations provide that negligently going over the limit should not result in criminal sanctions.
“This is a man why was trying to comply with the law, and there was no evidence that he was trying to break the law,” he said. “It’s not like he was trying to hide anything.”
Scales was given a $30,000 bond, and his next court date was set for April 6.
According to the release from Kings Mountain Police, on Feb. 19, vice and criminal investigators executed a search warrant at Ole Skool Hemp.
“The investigation began after officers received information regarding suspicious activity consistent with an illegal marijuana cultivation operation inside the business,” the release said. “Following additional investigation and surveillance, investigators established probable cause and obtained a search warrant. During the execution of the search warrant, officers discovered an indoor marijuana grow operation within the business. The operation included cultivation equipment such as grow lights, irrigation systems, ventilation systems and fertilizers.”
The release said while the grow operation itself was licensed and authorized under the USDA hemp program under North Carolina law, investigators determined that products processed and sold by the business had been altered, rendering them illegal.
“During the search, investigators also identified potential electrical and fire hazards associated with unauthorized modifications inside the building,” the release said. “The city of Kings Mountain codes division responded to the scene addressing these safety concerns.”
According to Kings Mountain Police, the business has been operating for about three years.
In a statement from Kings Mountain Police, it said it took time to make an arrest because their priority has been to conduct a complete, careful and professional investigation to ensure the case would stand up in court.
“Building a prosecutable case requires a variety of components such as evidence collection, verified laboratory analysis and careful documentation,” the statement said. “Additionally in this case, testing of suspected marijuana products had to be completed before charges could move forward. The North Carolina State Laboratory does not conduct this specific type of testing; therefore, samples were submitted to an alternate accredited laboratory, which extended turnaround times.”
Anyone with additional information related to the case is encouraged to contact the Kings Mountain Police Department at 704-734-0444 or submit tips anonymously through Crime Stoppers via the tip line at 704-481-8477.