McPherson CBD Store Owner Sues State Over October Raid
Local business owner challenges seizure of cash and hemp products as unconstitutionally vague enforcement.
MCPHERSON, Kan. — A McPherson County lawsuit filed by local CBD store owner Mike Ballinger challenges state enforcement operations that led to the seizure of cash and hemp-derived products from his Hanging Leaf business. The suit, filed Monday by Kansas City attorneys Barry Grissom and Jake Miller, names Kansas Bureau of Investigation Director Tony Mattivi and Attorney General Kris Kobach as defendants in their official capacity. Ballinger is seeking a court injunction to stop similar raids and compel the return of seized property.
The lawsuit stems from an October statewide enforcement operation that targeted CBD and vape shops across Kansas. Authorities executed at least 15 search warrants on businesses suspected of violating state drug laws, with Mattivi calling the targeted stores "nothing but weed dealers." During the raid on Hanging Leaf, authorities seized $7,000 in inventory and cash, including money belonging to an unrelated business operated by Ballinger, according to the filing.
Ballinger's attorneys argue that Kansas law permits hemp products containing no more than 0.3% Delta-9 THC, but claim KBI testing methods cannot properly distinguish between legal hemp-derived products and illegal substances. The lawsuit alleges the state's enforcement actions violate constitutional protections by seizing compliant goods through "unconstitutionally vague" laws that foster "arbitrary enforcement." The filing requests that raids be prohibited until the state adopts clearer legal protections for hemp products under the 0.3% threshold.
Based on reporting from Kansas Reflector
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