$10 million claim notice filed against NYPD in Vermont hemp case

Isaac Fornarola | Burlington Free Press

Show Caption Hide Caption A shot of CBD hemp oil in your coffee? On Thursday, Feb. 1, 2018, the Cosmic Grind Coffee Shop on Church Street in Burlington, Vermont, started offering CBD hemp oil shots in their drinks. But don't worry, CBD is a 'non-psychoactive' extract, not to be confused with THC in marijuana.

What happens when you confuse $100,000 worth of hemp with marijuana? For the City of New York and the New York Police Department, it could be a multi-million dollar mistake.

Two brothers, Oren and Ronen Levy, filed notice of a $10 million claim against the NYPD and the City of New York on Dec. 11.

Ronen Levy purchased 106-pounds of hemp from Fox Holler Farms in Vermont, and his brother Oren was arrested after he was called into a Brooklyn police station to pick it up. Those charges were dropped on Dec. 10.

In New York, to sue the municipality requires first that a notice of claim be filed. The city then holds a hearing and, after a 30-day waiting period, a lawsuit can be filed.

NYPD responses to VT hemp case

In a statement to the Burlington Free Press, the NYPD asserted that the shipment was marijuana and, even if it were hemp, would be illegal to sell or purchase without permission from the New York State Department of Agriculture.

"In this case, neither the seller nor the buyer had those permissions," Detective Annette Shelton said. "The plants were illegal marihuana and both parties were violating New York State law."

The NYPD arrested Ronen on Nov. 2 on suspicion of felony possession of marijuana and posted pictures on social media of officers standing next to the confiscated shipment, congratulating them on the bust (the pictures posted by the 75th recinct have since been taken down).

The shipment included the proper documentation identifying it as hemp, as well as third-party laboratory testing that showed the product tested for THC below the legal limit, according to Oren Levy and Fox Holler Farms.

Williston Police Chief Patrick Foley gave the shipment the green light before it was shipped to New York.

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The $10 million claim by hemp brothers in VT

Oren Levy told the Burlington Free Press that the shipment has not been returned. His lawyer, Sanford Rubenstein, said the property at this point would be unusable if returned, as Levy doesn't know the conditions under which the plant was stored.

Rubenstein filed two notices of complaint on behalf of the Levys.

Ronen Levy, who picked up the package on behalf of his brother, is claiming $8 million in damages, alleging false arrest, false imprisonment, negligence, intentional infliction of emotional distress, outrageous conduct giving rise to personal injuries, a violation of civil rights and more.

The notice of claim alleges that the NYPD "negligently, knowingly, recklessly and carelessly arrested (Levy) despite being well aware that he was engaging in legal activity."

Ronen is also suing for personal injuries, including a bilateral wrist injury and psychological distress, including "fear, anxiety, shame, humiliation, indignity" and harm to his reputation.

Ronen's brother, Oren, the owner of Green Angel CBD and intended recipient of the shipment, is claiming $2 million in damages.

The claim states Oren is seeking compensation for negligence, deprivation of personal property, trespass, intentional infliction of emotional distress, and a violation of civil rights, among other allegations.

Oren is also suing for personal injury including mental anguish and damage to his business' reputation. According to the suit, the confiscated shipment was worth $100,000, and without it, Oren suffered a loss of earnings capacity and capability.

The claim also accuses the City of New York of "hiring and retaining persons who were unfit to serve as police officers." It accuses the NYPD of a conspiracy to cover up their error. Officers Greenidge, Granshaw and Does are named in the report.

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Calls to legalize marijuana in New York

The Levy's lawyer, Sanford Rubenstein, is a well-known civil rights lawyer in the city, prosecuting and winning such cases as the police shooting that killed Sean Bell and several multi-million dollar medical malpractice suits.

Rubenstein says they also intend to look into suing FedEx after the hearing regarding their notice of complaint.

Rubenstein said New York should legalize marijuana to limit confusion over laws. New York lawmakers in June failed to legalize pot, despite a major push by advocates in Albany.

New York, however, has legalized hemp production and recently expanded its oversight of the plant as hemp farms are growing rapidly in the state.

"As a result of this case, I have called on the state legislature and the governor in New York, this coming session, to do what they failed to do in the last session, and that is legalize marijuana in New York State," Rubenstein said.

Email Isaac Fornarola at ifornarola@freepressmedia.com. Follow him on Twitter: @isaacforn

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