Expert claims Abilene police used faulty testing in CBD raid, lab says their practices have changed

Editor’s Note: This article has been updated to add information provided by NMS Labs. We regret the error.

ABILENE, Texas (KTAB/KRBC) – An expert in THC law is alleging a test the Abilene Police Department used as probable cause to seize upwards of $1 million worth of inventory from a local CBD shop is faulty, despite claims from the company that he is using outdated information.

Daniel Mehler is an attorney in San Antonio who specializes in Texas cannabis laws and has testified at both state and federal court on matters related to the identification and lab testing surrounding THC and THCA products. Additionally, he has a Master’s Degree in Medical Cannabis Science Therapeutics from the University of Maryland School of Pharmacy.

Attorney Mehler claims the testing utilized by APD to obtain approval for the raid on House of Healing is faulty and sights a report of self-disclosure from NMS Labs, the same laboratory the Abilene police used when testing samples from House of Healing, to the Texas Forensic Science Commission in February of 2022 that says the testing method they use to quantify the potency found in a delta and CBD products was not admissible in court because the method for testing increases the percentage of THC or THCA within the sample.

“Any cannabis product is going to have some trace THC in it. I think the police may have overstepped. They may have jumped the gun. I think that the science that they’re relying on is faulty at best. Now, you have a methodology that converts an otherwise lawful chemical into the illegal chemical, and that’s the basis of all of these arguments about the methodologies employed,” Mahler said.

NMS Labs is refuting these claims that their test is faulty, saying they have changed their practices since the 2022 report referenced by Mehler. They declined to offer further comment on the issue, despite multiple requests from KTAB and KRBC.Police: 17+ pounds of marijuana, thousands of marijuana cigarettes, hundreds of THC vapes seized from Abilene CBD shop

Mehler also discussed the fact that in the warrant report, APD labeled select items seized during the raid as marijuana. Leadership for House of Healing is claiming these items were hemp, and Mehler says the labeling by APD is problematic. When questioned by our station’s reporter, Tobin Smith, about the importance of this labeling by APD, Mehler outlined how a seized product is labeled on paper directly connects to the potential charges.

Mehler: “They have to accuse them of a crime, or otherwise it’s Why did you take their stuff?” 

Tobin: “So basically what you’re saying is they use that name on those particular items so that they could get charges, those particular charges, and make for more of a case?”

Mehler: “Absolutely. Because if they don’t say it’s marijuana, then it’s legal.”

Attorney Mehler sheds some light on a similar case in Post, Texas, where a federal lawsuit in 2024 accused the authorities of an unreasonable search and seizure after the sheriff’s office failed to use the correct testing methods to determine the legality of the products found in a local CBD store. Mehler outlined the results of that case as well.

“The Smoke Scene store was raided by Garza County Sheriffs during what was described as a warrantless search. More than $20,000 in inventory was seized. Ultimately, they were sued in federal court, and they settled for $80,000,” Mehler shared.

Our stations have reached out to the Abilene Police Department for a response to the claims made by Attorney Daniel Mehler regarding both the authenticity of their testing as well as the labeling on items seized during the raid on CBD House of Healing. The department has yet to respond.

NMS Labs has also been contacted for comment on the allegations that their test is faulty. See the editor’s note at the top of this article for additional information.