PRESTON, Minn. (WCCO/AP) — A Minnesota hemp farmer is facing charges after authorities claimed his products had more than the legal limit of the compound that makes users high.

Court documents say products from Luis Hummel’s 5th Sun Gardens hemp farm in Lanesboro were sent to a lab for tests and found to have THC levels above 3 percent. The level for commercial hemp cannot exceed 0.3 percent.

The St. Paul Pioneer Press says Hummel has been charged with selling drugs and drug possession in Fillmore County. The charges come after Hummel sued state officials who revoked his growing license and ordered him to destroy his multimillion dollar crop because of its THC levels. Unlike marijuana, industrial hemp only has tiny amounts of THC.

Hummel’s attorney Jason Tarasek says it was a processing mistake that his client was trying to correct and the product tested wasn’t in the marketplace:

“We are disappointed that Fillmore County decided to file criminal charges.  Mr. Hummel’s hemp crop has passed two inspections conducted by the Minnesota Department of Agriculture.  If a CBD product tested too high for THC, we would expect that to be handled as an administrative matter.  We look forward to working with the Minnesota Department of Agriculture to craft a process that will provide clarity for the emerging hemp and CBD industries.”

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