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A recent post on Luis Miguel Hummel’s public Facebook page shows him giving a thumb’s up in front
of his thriving hemp crop. (Submitted photo)

Charged with felonies, hemp farmer still operates

 By: Kevin Featherly  August 13, 2019

A Lanesboro hemp farmer, criminally charged for violating the state’s tetrahydrocannabinol
(THC) limit for ingestible hemp products, continues to grow his crop.

That’s despite having his license to participate in the state’s industrial hemp pilot project
suspended. It’s also despite being criminally charged with felony drug sale and possession in
Fillmore County, charges that stem directly from his farm output.

But Luis Miguel Hummel, 31, who owns the 5th Sun Gardens hemp farm, is not operating
surreptitiously. A recent post on his public Facebook page shows a smiling Hummel giving a
thumb’s up in front of his thriving hemp crop.

“The ladies loved last night’s storm,” the Aug. 6 post reads, in an apparent reference to his
plants. “Just another amazing day on the farm.”

However, Hummel might not be violating the law because his lawsuit challenging his hemp
license’s suspension remains pending before U.S. District Court Magistrate Judge Hildy
Bowbeer.

Margaret Wiatrowski, hemp program coordinator with the Minnesota Department of

Agriculture, would not comment directly on Hummel’s case. But in general, she said, any
licensee who gets revoked can challenge that order.

Until that is resolved, she said, the status quo temporarily is maintained. “So as long as it’s
still pending,” she said, “then everything is kind of on hold.”

Hummel’s name has been dropped from the list of licensees on the pilot program’s website,
however.

Worse problems
The loss of his hemp-grower’s license, however, might be the least of Hummel’s concerns.
 He was charged June 12 in Freeborn County District Court with two felony counts for sale
and possession of a controlled substance and one gross misdemeanor for fifth-degree drug
possession. He faces a maximum penalty of five years in prison and a $10,000 fine.

The charges were filed after a driver acting as Hummel’s salesman got pulled over by a
sheriff’s deputy earlier this year. 5th Sun Gardens sells products containing cannabidiol
(CBD), a compound found in cannabis plants, including both hemp and marijuana, which is
said to have relaxing properties. But it does not get the user high.

According to the criminal complaint against Hummel, products seized from the vehicle tested
with a THC concentration exceeding 3.0%. The THC limit for ingestible CBD products is
0.3%.

On June 25, Fillmore County Attorney Brett Corson notified the court that he has evidence
against Hummel obtained by search, search and seizure or electronic surveillance.

The same notice indicates that Corson has access to “confessions, admissions or statements”
made by the defendant, plus evidence discovered because of those statements.

Susan Johnson, an attorney with the Ellis Law Office who is on Hummel’s defense team,
declined to comment when reached Thursday. Hummel, contacted briefly Tuesday, said he
has been advised not to speak publicly.

But a series of July 25 case filings provide some insight into how the defense plans to pursue
the case.

On that day, St. Paul defense attorney Deborah Ellis filed a series of motions, requests and
notices with the court. One indicates that the legal team plans to offer an affirmative defense
to the charges.

The papers also include a motion to dismiss the case; a motion to suppress evidence
obtained through the defendant’s statements, confessions or admissions; and a motion to
suppress the “use and derivative use of property seized by an unlawful search and seizure.”

Another motion seeks to compel the prosecution to hand over any exculpatory or impeaching
information. A separate request seeks to confront whoever performed the scientific testing
on Hummel’s product.

Ellis also issued a demand for a hearing pursuant to Rule 8.03 of the Minnesota Rules of
Criminal Procedure.

Hummel had his initial appearance in Fillmore County District Court on July 29. Judge
Matthew J. Opat did not entertain any motions there. A contested omnibus hearing is
scheduled for 1 p.m. on Oct. 7, at the Fillmore County Courthouse in Preston, Minnesota.

ABOUT KEVIN FEATHERLY

Kevin Featherly, who joined BridgeTower Media in mid-2016, is a journalist and former
freelance writer who has covered politics, law, business, technology and popular
culture for publications and websites in the Twin Cities and nationally since the mid-
1990s.

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