WILLMAR — The Willmar City Council on Monday approved imposing a $1,000 fine and a three-day suspension, as well as authorizing city staff to start the license revocation process, for High Cake Recreational Dispensary, which is located at 1709 First Street South.
High Cake Recreational Dispensary in October and November was visited several times by the Willmar Police Department due to receiving complaints that the business was selling products that were not in compliance with Minnesota law or city ordinance, according to Willmar Police Chief Jim Felt.
Contributed / City of Willmar
Each time, law enforcement officers found that the business was selling several products that were not in compliance and attempted to educate and advise the business owner Mohammed Haseeb and his employees about Minnesota law. They also documented the products that were not in compliance. The last visit included the Minnesota Department of Health THC inspector, who also found the business out of compliance.
Part of the application process for receiving a THC license in Willmar includes verifying that the business has workers compensation insurance, and the owner stated that there were no employees, which officers found not to be the case during their visits.
“You have been beyond patient,” Councilor Julie Asmus told Felt during the Council meeting. “We wouldn’t tolerate this for tobacco sales; we wouldn’t tolerate this for any of the alcohol sales. This many violations, this many explanations — and I get that it is confusing and it’s new, but it’s been explained and explained and explained. This is ridiculous; they’re not going to comply.”
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Councilor Justin Ask pointed out that the city ordinance is progressive, with each violation carrying a larger fine and longer license suspension. He asked why it has not come before the Council for each violation since the first violation was discovered in early October.
“Very valid question,” Felt said, noting that the police department brought the case to the city prosecutor in October for possible criminal prosecution. “… It’s not trying to kick the can, it’s just that there’s a lot of uncertainty. It’s a brand-new ordinance that, you know, it’s the first time this has come forward.”
He explained that the city’s criminal prosecutors thought that it would be best for the county to look at a portion of the case, because it was a gross misdemeanor offense. “The county prosecutor still has some uncertainty about it and hasn’t decided what they want to do yet,” Felt said.
Councilor Vicki Davis asked what happens to all the products in the store if the license is revoked, if the police department confiscates it.
“That’s kind of a legal quandary that we’ve been in,” Felt said, noting that Minnesota law allows people to use and possess THC and marijuana products. However, marijuana is still illegal under federal law. “We really resisted taking the products into our possession as evidence because once it becomes our evidence, to give it back to them would be a crime under federal law.”
“It’s kind of weird to say, but we have to pick which law we’re going to break,” Felt continued, noting law enforcement is always considering whether or not to take it and if it is taken, whether or not to give it back.
Stating that education and getting people to comply is the police department’s first goal, Felt explained that the new Minnesota marijuana law also creates problems when people are getting booked into the jail with marijuana products on them. Contraband is not allowed in the jail, so the marijuana is taken from them, and then law enforcement cannot give them back their legal Minnesota product.
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High Cake Recreational Dispensary THC ordinance violations
The Willmar Police Department on Oct. 6 began receiving complaints that High Cakes Recreational Dispensary was selling products that were not in compliance with Willmar’s THC ordinance or Minnesota law, according to Felt.
Minnesota state statute allows for THC edibles containing up to 5 milligrams of THC per serving to be sold in packages of up to 50 milligrams and the sale of beverages containing up to two servings of 5 milligrams of THC, or 10 milligrams total.
The law also allows for the use and possession of marijuana products, but those products are not allowed to be sold until it can be licensed by the Minnesota Office of Cannabis Management, which is not expected to open until 2025, according to Felt. The sale of leafy hemp products is also not allowed.
A compliance check by the Willmar Police Department was conducted Oct. 12, at which time law enforcement officers observed numerous violations of the city ordinance and Minnesota law, such as products containing 200 milligrams of THC per serving and a total of 4,000 milligrams per package. Also found was a green, leafy substance called Premium THC.
However, it is the department’s main goal to educate rather than enforce, especially when it comes to new laws, according to Felt.
Screenshot / High Cake website
Officers spoke to the employee that was working at the time and Haseeb by phone, informing them of the products that were not in compliance and providing them with the Minnesota Department of Health THC compliance information. Officers also took small amounts of the products that were not in compliance as evidence.
“The owner and the employee indicated that they understood,” Felt said. “The following day (the officers) returned and found that no items had been removed.”
The same employee was working at the time and the same products were on display. The employee and Haseeb told officers that they hadn’t removed the products because they just thought they could not sell the products. Officers again explained everything and gave the employee the MDH compliance sheet and documented the items that were not in compliance.
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Officer returned on Oct. 18 when a different employee was working and again found products well over the legal amount of THC, documented it with photographs and spoke with the owner by phone, according to Felt.
Screenshot / High Cake website
“The owner was obviously upset with the police and advised he was going to be suing the city for harassment,” he said.
Compliance checks on Oct. 26 and Nov. 15 continued to find the business selling products out of compliance with Minnesota law and officers again advised the owner that he was out of compliance and to remove the products.
The retail shop's website notes that it is "coming soon" to St. Cloud and Eagan.
Noting that Minnesota Department of Health only has one THC inspector for the entire state and "he is a very busy guy," Felt explained to the Council that the inspector came out to Willmar on Nov. 29. Willmar officers accompanied the state THC inspector.
Minnesota Department of Health is also educating before enforcing the new THC laws, and the inspector also identified a number of products that were not allowed under Minnesota law at High Cake Dispensary. A number of products were seized by the inspector, and the business owner was given a receipt for the products.
The inspector also found that High Cake Dispensary had not registered with Minnesota Department of Health, but assisted the owner in getting registered during the inspection.
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