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The Colorado hemp delivery driver who was arrested in South Dakota last summer pleaded not guilty to 4 drug related charges including “ingestion of marijuana” this week.
Wednesday, Robert Herzberg pleaded not guilty to charges of intending to distribute marijuana, possession of more than 10 pounds, and ingestion of marijuana and cocaine. If convicted he faces a 15 year sentence for trafficking and 5 years for having cannabis and cocaine in his system.
Herzberg was pulled over for going 6 miles over the posted speed limit along Interstate 90 in SD on July 16th. Officers at the scene report the contents of the vehicle including "two large white sacks that contained a green leafy substance that looked and smelled like raw marijuana" which totaled 300lbs and reportedly tested positive for THC on a field test. Field tests are not able to test concentration levels of THC only verify that there is some level of the cannabinoid present.
The Minnesota Hemp Association confirmed that Harzberg was delivering federally legal hemp” to a CBD-oil processing company in Minnesota. Test samples obtained after the arrest found "Max THC" ranged from .31 to .51 while the amount of "Delta 9-THC" ranged from .18 to .25 percent. The federal limit for THC-A concentrations per new Farm Bill regulatory standards is 0.3% THC-A. States are required to permit interstate transportation of hemp per recent federal guidelines.
Herzberg is scheduled for a motion trial on Feb 5th and is currently out of holding on a $5,000 bond.