Timeline: Best Buds Depot response to search warrant latest in string of investigations into business

Trotwood police served a search warrant at Best Buds Depot on Salem Avenue on Wednesday, April 24, 2024, as part of an investigation into illegal marijuana sales. MARSHALL GORBY/STAFF

Trotwood police served a search warrant at Best Buds Depot on Salem Avenue on Wednesday, April 24, 2024, as part of an investigation into illegal marijuana sales. MARSHALL GORBY/STAFF

The Best Buds Depot store at 4644 Salem Ave. — which has drawn statewide attention and criticism from Ohio Gov. Mike DeWine for claiming to be “first in Ohio to sell products that are legal THC products” though sale of marijuana isn’t legal in the state — was in the news again this week after operators of Best Buds pushed back against the allegation that they were illegally selling marijuana to customers.

In a May 17 letter addressed to city of Trotwood leaders and the police department on behalf of Best Buds Depot, corporate attorney Ted Ramirez refutes claims by police that merchandise confiscated during the search was marijuana, further asserting that the search itself was improper.

“To be clear at the outset: No ‘marijuana’ is or has been sold at the Goldwasser (Best Buds) business,” the letter reads. “... The false, misleading, erroneous, and confused statements submitted by the affiant in the sworn affidavit to support the warrant issued ... are based upon misinformation and misunderstandings of the basic distinctions among ‘Cannabis,’ ‘Hemp,’ and ‘Marijuana.’”


The following is a recap of previous reporting on the Best Buds Depot store.

Breaking and entering incident - Feb. 2023

According to information obtained from city of Trotwood officials, while investigating a report of breaking and entering in February, 2023, at Best Buds Depot — then known as Goldwasser Smoke and Vape — Trotwood police observed what appeared to be marijuana.

Through a subsequent investigation involving the Drug Enforcement Administration, Bureau of Alcohol, Tobacco and Firearms, and the Ohio Board of Pharmacy, the product was determined to be a hemp derivative containing delta-9 THC at a level below .3%, a substance that is legal to possess and sell in Ohio.

People wait in line at Goldwasser Smoke & Vape on Salem to buy synthetic marijuana. JIM NOELKER/STAFF

Credit: JIM NOELKER

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Credit: JIM NOELKER

Trotwood Chief of Police Erik Wilson affirmed that the product obtained by his department was indeed hemp-derived delta-9 with a THC concentration of .3% or less.

“What we confiscated was delta-9 and it was in the proper packaging,” he said, adding that any claim to the contrary may be misleading. “… My guess is (the business) is putting a smoke screen up about this to say, ‘I’m selling marijuana,’ but really it’s (hemp-derived) delta-9.”

Trotwood officials said the city had received multiple calls from concerned residents who were alarmed by the possibility of illegal activity occurring at the business. But Assistant City Manager Stephanie Kellum said they had no proof Best Buds Depot was not following the law.

Store manager Jake Flannagan said his goal is to help the store to become and remain a trustworthy source for a safe and legal product.

Passage of Issue 2 - Nov. 2023

Following the passage of Issue 2 in November 2023, which legalized recreational marijuana use in Ohio, Miami Valley smoke shops were waiting for more information about licensing and requirements, but many were not opposed to pursuing recreational licenses when they become available.

The passage of Issue 2 was exciting to Trotwood smoke shop store manager Jake Flannagan as someone who said he benefited from the state’s medical marijuana program.

Flannagan said his store, called Goldwasser Smoke and Vape at the time but soon but soon after renamed Best Buds Depot, aimed to continue selling what it was selling — vapes, bud, edibles, juices, glassware and more — for as long as it could.

But the idea of obtaining a recreational license, once that time comes, is something the business was talking about with its lawyers, Flannagan said.

Misleading its customers? - Dec. 2023

In December 2023, The day before it became legal to possess — but not sell — recreational marijuana in Ohio, Gov. Mike DeWine singled out Best Buds Depot. In a press conference he held up a photo of the store’s logo, which depicts two flowery bud characters with hooded eyes seated under a cloud of smoke.

DeWine urged lawmakers to support a state Senate bill speeding up the legal sale of marijuana to prevent growth of the black market.

Ohio Gov. Mike DeWine references a Trotwood business as he urges lawmakers to speed up the legal sale of recreational marijuana.

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Best Buds Depot continued doing brisk business — though it was unclear exactly what they were selling.

On social media, the shop posted photos of packaging that said “THC: 25%.” They were insistent, however, that their product did not contain delta-8 THC, which is a hemp-derived compound that is legal and less potent than delta-9.

Manager Jake Flannagan said the store’s merchandise was generally the same then as it was prior to the Nov. 7 election, with smoking devices, gummies, juices, and bud all available for sale to anyone over the age of 21 with a state-issued I.D. No medical or recreational user card required.

Employees advertise the ability to do “live THC testing” of available products in front of customers, vouching that what they offer is the “real deal.”

A test completed by Flannagan on Dec. 8 gave an electronic result indicating a sample of store product had a total THC content of 23%, more than 76 times the amount allowable in accordance with the Farm Bill and an apparent contradiction to the shop’s product packaging.

In response to direct questions about whether the product is legitimate marijuana, the answer from Best Buds was murky, with employees saying the merchandise is “legit,” but stopping short of calling it marijuana.

According to Flannagan, terms like “bud” and “flower” are OK, but the “M-word” was a hard no.

Search Warrant - April 2024

Trotwood police said they recovered marijuana and 18 firearms while executing a search warrant at the smoke shop.

“This action was prompted by information suggesting that the business was unlawfully selling marijuana in violation of the new guidelines established under Issue 2,” Trotwood police Chief Erik Wilson said.

Police had previously made controlled purchases at the Salem Avenue location and sent the products to the state crime lab, where they tested higher than the legal limit for sale in Ohio, Wilson said.

Trotwood police Chief Erik Wilson talked about an early-morning raid Best Buds Depot on Salem Avenue at a press conference Wednesday, April 24, 2024. MARSHALL GORBY \STAFF

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“During the execution of the search warrant, large amounts of suspected marijuana were recovered and will be processed and tested further to determine what their THC content is,” he added.

Best Buds Depot later issued a statement on social media.

“We’ve had an issue with our shipping and a major misunderstanding between the shippers and law enforcement,” the post read. “We’ve had to shut down temporarily until we can get everything straightened out. Please be patient and thank you all in advance for understanding.”