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BLUE EARTH — Charges against the former Winnebago mayor and his son were dismissed Tuesday after they’d been accused of running an illegal cannabis growing operation earlier this year.
Scott Robertson, 68, resigned as mayor after the February charges in Faribault County District Court. He and son, Jacob Jon Robertson, 47, faced felonies related to alleged unlawful cultivation of cannabis plants, aiding and abetting and conspiracy.
Investigators accused them of having more than 200 cannabis plants growing at their Winnebago properties, according to a criminal complaint. In court files submitted Tuesday, Faribault County Attorney Cameron Davis stated the charges were dismissed after further investigation and review of the available evidence.
“The State believes it is presently unable to prove, beyond a reasonable doubt, that Defendant violated criminal cannabis cultivation laws by cultivating more than 16 plants that meet the legal definition of cannabis under applicable statutes,” he stated.
Scott Robertson’s defense attorney in a statement described the outcome as a “huge relief” to his client.
“It was a lengthy process that caused incredible stress to Mr. Robertson and his family,” stated Dave Risk of Halberg Criminal Defense. “He also suffered significant reputational damage. He gave up the mayorship of Winnebago in light of the charges. He did not want to be a distraction and did not want to disgrace the city he loves so much. Finally, the financial costs were also significant simply from the perspective of hiring a strong legal defense.”
The defense’s position was that the then-mayor was attempting to start a legal marijuana business in the future and was in the process of demonstrating his ability to grow the plants to business partners. The confiscated plants didn’t contain THC because they hadn’t flowered yet, according to Risk, and Robertson was going to terminate them prior to flowering.
This point refers to the difference between hemp and marijuana in Minnesota law. A cannabis plant with THC concentration below 0.3% is considered hemp and subject to different regulations than a plant with a THC concentration above 0.3%, commonly known as marijuana.
The criminal complaint against the Robertsons indicated field testing did find plants above the 0.3 threshold. Risk’s statement suggested law enforcement investigators didn’t provide sample results in sufficient quantities to justify a conviction.
He praised the prosecutor’s professionalism in handling an “incredibly difficult job.” Risk alleged the search warrant used to confiscate plants relied on incorrect information about electricity usage and information on supposed marijuana odor emanating from buildings.
Investigators subpoenaed electrical usage records and reported finding “patterns suggestive of active cultivation of a large number of plants through January 2024,” according to the complaint. Agents also reportedly smelled unburnt marijuana near the properties under investigation.
The problem with the odor, Risk stated, is marijuana is legal to possess and grow — in certain quantities. Smelling it doesn’t indicate criminal activity, while the smell is also indistinguishable from legal hemp.
Risk referenced attempts at “very favorable negotiations” to put an end to the case in the statement.
The sides agreed to a plea deal in July in which Robertson would admit to misdemeanor cannabis possession with a one-year stay of adjudication. Judge Troy Timmerman rejected the deal.
Timmerman later denied a request by the sides to suspend prosecution, according to court records filed Aug. 21. The proposed agreement would’ve required Scott Robertson to pay a $2,500 fine for prosecution costs while refraining from the same or a similar offense.
The denial led to Davis’ dismissal of the charges days later. Robertson is happy to have the matter behind him, Risk stated.
“Mr. Robertson, in the end, is a farmer who wants to get back to farming and he hopes to provide jobs to his local economy,” he stated.
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