(MURFREESBORO) On Friday (5/15/2020) a federal appeals court judge declared that neither Rutherford County Sheriff Mike Fitzhugh nor Assistant DA John Zimmerman, the prosecutor, would get immunity from the Operation Candy Crush lawsuits filed against them by the 23 businesses that were padlocked back in 2018 for selling candy laced with CBD.
Circuit Judge Julia Smith Gibbons ruled that the sheriff and the assistant DA had no probable cause to even conduct the sting operation, since the product was legal to be sold. Therefore the lawsuits filed by the store owners would continue.
The federal court proceeding showed that there were concerns about the raids, before they took place.
Friday's session in federal appeals court showed that before the raid took place, District Attorney General Jennings Jones sent an e-mail to the prosecutor indicating that local deputies were wondering what would happen if they "seized property and then the TBI refused to testify that the substances used were illegal."
By the way, those lawsuits allege that the sheriffs office, DA, and Town of Smyrna were motivated by conspiracy to violate the rights of the store owners.
History of Case
The raids were completed on Monday, February 12, 2018, under a court order and carried out by the Rutherford County Sheriffs Office and local agencies along with backing by the TBI, DEA and FBI.
The businesses were padlocked after undercover agents allegedly bought candy that contained CBD.
In fact, after the raid--there was a press conference and Sheriff Mike Fitzhugh described what made the candy illegal . . .
Business owners told officials that the candy contained CBD, which is legal in Tennessee and nationwide.
However, authorities stood firm, shut-down and padlocked the businesses for selling products that contained CBD.
Ultimately, the district attorney dropped the charges, as it reportedly was learned that selling CBD products in Tennessee was legal.
This was not the first time, a request had been made to throw out the lawsuits. On March 6, 2019, U.S. Middle Tennessee District Court Judge Aleta Trauger denied three different requests from the sheriff's office and DA to throw out Operation Candy Crush lawsuits.
The 23 padlocked stores included:
12 STORES IN MURFREESBORO POLICE JURISDICTION:
Vapesboro 1675 Middle Tennessee Boulevard
Stop-N-Go 1624B New Salem Highway
Stop-N-Shop 490 Andrews Drive
Enchanted Planet 109 East Lytle Street
T&B Tobacco & Beer 5524 N.W. Broad Street
Quick Stop Discount Tobacco and Beer 1722 S. Rutherford Boulevard
99 Cents Discount Tobacco 3325 Memorial Boulevard
Kaleidoscope, 3325 Memorial Boulevard
Y&H Discount Tobacco and Beer 2075 Lascassas Pike
A&M Tobacco & Beer 2075 Lascassas Pike
Kaleidoscope 2992 S. Church St.
Magical Vapors 517 W. Main St.
6 STORES IN SMYRNA POLICE JURISDICTION:
Kwik Sak 1219 Hazelwood Drive, TN
Vape & Smoke 901 Rock Springs Road
Stop & Shop Tobacco & Beer 901 Rock Springs Road
One Stop Shop Tobacco & Beer 1872 Almaville Road
Magical Vapors 504 East Enon Springs Road
Cloud 9 and 105 Jefferson Street
4 STORES IN LA VERGNE POLICE JURISDICTION:
Waldron Market 606 Waldron Road
Family Market Discount Tobacco and Beer 546 Waldron Road
Tobacco Brew & Chew 5104 Waldron Road
La Vergne Vapor, 5234 Murfreesboro Road
1 STORE IN RUTHERFORD COUNTY SHERIFF'S OFFICE JURISDICTION:
Last Stop Market 6858 Lascassas Pike
