A driver arrested while transporting what he says was hemp from Colorado to Minnesota is facing more charges as the state continues to pursue the case, despite calls from hemp advocates to drop it.

Robert A. Herzberg, 41, of Red Feather Lakes, Colo., is scheduled to appear at a preliminary hearing Oct. 23 after he was arrested July 16. He was pulled over for exceeding the posted speed limit on Interstate 90 in Jackson County while delivering a shipment of 292 pounds of a "leafy green substance" from Colorado to a processor in Minnesota, according to court records.

Herzberg hasn't yet entered a plea in the case.

He was charged in July with possession of marijuana and possession with intent to distribute, both Class 3 felonies. In August, he was additionally charged with ingestion of a controlled drug or substance, a Class 5 felony, and ingesting a substance other than alcohol for the purpose of becoming intoxicated, a Class 1 misdemeanor, according to court records.

Herzberg had an initial appearance in court on Aug. 21 and is out on a $5,000 bond.

South Dakota is one of three states that hasn't legalized industrial hemp and Gov. Kristi Noem vetoed the bill during the legislative session. Lawmakers are in the middle of a hemp study to prepare a hemp bill for the 2020 session, but Gov. Kristi Noem has said she'll veto the hemp bill a second time next year.

More:Why S.D. lawmakers are bracing to fight Gov. Kristi Noem on hemp

The Minnesota Hemp Association called out South Dakota for arresting Herzberg for transporting hemp, saying South Dakota was violating the 2018 Farm Bill with the arrest. The association pointed to a May memo issued by the U.S. Department of Agriculture's Office of General Counsel concluding that states can't prohibit interstate transportation or shipment of hemp that was legally produced.

The Jackson County Clerk of Court staff refused to give the Argus Leader the case number when reached via phone to prevent the paper from reporting on the case. When asked by the Argus Leader for the state statute on which the staff was basing its refusal, staff said the case is a public record, but they didn't want to give the Argus Leader access to the court documents. The staff only gave the Argus Leader access to the case after it was pointed out that the court can't prevent access to a public record on the sole basis that the court doesn't want the public to know about the case.

According to court documents:

A South Dakota Highway Patrol trooper pulled over Herzberg driving a Chevrolet Tahoe at about 5:20 p.m. July 16 after the trooper clocked the vehicle at 86 mph in an 80 mph zone. When the trooper walked up to the vehicle, he could smell "the small odor of raw marijuana" coming from the vehicle and saw a ball cap on the front passenger seat that said, "Take a hit man."

The trooper told Herzberg that he was going to issue him a courtesy warning about his speed and asked Herzberg the reason he was in South Dakota. Herzberg told the trooper he was on his way to Minneapolis and "I have a hemp delivery."

The trooper observed that Herzberg appeared to be nervous. Herzberg told the trooper that he had worked for a CBD extraction company for eight months. When asked by the trooper about the smell of marijuana, Herzberg replied, "Oh yeah, the whole, whole car's full of hemp so that's what you're smelling."

While giving Herzberg the speeding warning, the trooper said he would be searching the vehicle due to the marijuana odor. There were two large white sacks that contained a green leafy substance and a field test tested positive for marijuana, although available court documents don't state the THC content found in the field test.

The trooper also located a "leafy substance" in a cigarette pack, along with a half-smoked cigarette.The trooper arrested Herzberg and brought him and the vehicle to a location in Murdo for an interview with a trooper associated with a federal drug task force. Herzberg told the trooper that he had lab results for the THC content on his phone and told the trooper that he believes the product had a .03 percent THC. However, Herzberg was unable to find the THC lab report on his phone. Herzberg was then lodged at the Winner Jail.