Products containing cannabidiol (CBD) are back on the shelves in two area stores, but the owner of a Sullivan shop still is charged with a felony for selling the product.

Scott Arnold-Micke, co-owner of Peace of Mind stores in Sullivan, Festus and Park Hills, contacted The Missourian stating Associate Judge 24th Circuit Joseph Goff issued a judgment Dec. 7 overturning the validity of a search warrant executed at the Park Hills location over the summer.  

“Jefferson County, and St. Francis County agreed that the products that Peace of Mind was selling is legal and within the limits imposed by law,” Micke told The Missourian. 

According to court records, Micke, 42, Irondale, still is charged in Franklin County Associate Circuit Court with a Class A felony of distribution of a controlled substance in a protected location.

Search warrants were served at each of the stores in July. 

Stores in Festus and Park Hill also were searched through a joint investigation, including Multi-County Narcotics and Violent Crimes Enforcement Unit (MCNVCEU), the Mineral Area Drug Task Force and the Jefferson County Sheriff’s Department.

According to the probable cause statement filed by the MCNVCEU in the Franklin County Prosecutor’s Office, Sullivan police and the Franklin County Sheriff’s Office received complaints that the business, located at 116 Main St., Sullivan, was selling “marijuana, marijuana products, and there was an odor of marijuana around the store.”

Authorities said for sale in the store were CBD oil, a schedule 1 controlled substance, as well as pipes commonly used to smoke methamphetamine and marijuana, items to extract THC from marijuana plants, items to smoke THC wax and containers to hide marijuana.

The store is located within 1,000 feet of a Sullivan municipal park, and within 2,000 feet of Sullivan Elementary School.

According to an article last week in the Daily Journal online, Judge Goff wrote that the basis for the search warrant was based on a belief that the premises contained controlled substances such as marijuana, synthetic marijuana, marijuana derivatives such as CBD oil or anything containing CBD oil, as well as drug paraphernalia for the same.

Micke said the product was under three-tenths of a percent of THC and is legal. He said he and a lot of customers were confused by the seizure. The products are now back on the shelves, the article states.