The owner of a Sullivan retail store is accused of the distribution of narcotics near a city park and school.
A Franklin County felony complaint filed Dec. 18 charges Scott Arnold-Micke, 42, Irondale, with the Class A felony of distribution of a controlled substance in a protected location.
Micke is an owner of three Peace of Mind stores, including a Sullivan location, where search warrants were served 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.
Disagreement in Statute
Micke previously told The Missourian that the CBD products he has been selling in the store are legal, according to state statutes
Franklin County Prosecutor Robert Parks disagreed, stating he has researched the law as it pertains to CBD oils and similar products.
“He doesn’t think he is guilty and I do,” Parks said. “What we seized and what he was selling tested to be an illegal substance.”
In July, Micke told The Missourian all products sold in the store are legal under state law.
He also stated the store does not sell any derivatives of the marijuana plant. He added that the distributor of the products also is located in Missouri and operates under the same laws as the Peace of Mind stores
“We are a family-owned and -operated business,” Micke stated. “The last thing we want to do is break any laws.”
According to the probable cause statement, Micke told police, “CBD oil is OK to sell in Missouri, my attorney says so.”
Parks noted Micke’s information on the legality of CBD products is not based on statutes.
“He thinks it is not illegal, and the lab and state statute say it is — as far as I am concerned it is illegal, and they have even admitted they are selling it.”
Numerous samples of the CBD oil products were voluntarily given to detectives in November 2017. These samples were tested by the Missouri State Highway Patrol laboratory. Testing showed that these items contained “cannabidiol,” which is a Schedule 1 controlled substance.
On Aug. 15 products containing CBD oil were purchased at the Sullivan Peace of Mind store by a confidential source. In July narcotics investigators made similar purchases at the store and lab results indicated they contained CBD oils, according to the probable cause statement.
In July, authorities seized numerous items, including CBD oil in various forms. A large variety of paraphernalia items used to process, store, hide, and use controlled substances were also seized.
As pointed out on the probable cause statement, Micke has an “extensive” criminal history dating back 13 years.
He pleaded guilty in 2008 to possession of drugs with the intent to distribute. He was sentenced to seven years in the Missouri Department of Corrections and placed on five years’ supervised probation as part of the suspended execution sentence (s.e.s).
The sentence was part of a plea deal that included charges from separate 2008 incidents of third-degree assault and passing a bad check, both misdemeanors. In 2005 he also was charged with misdemeanor impersonating a law enforcement officer.
Micke’s probation was revoked in 2011. He was sentenced to shock time and a long-term post conviction treatment program for a total of 11 months.