'No one is above the law': Consultant's arrest puts Texas Ag commissioner in a tough spot

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Sid miller
Texas Agriculture Commissioner Sid Miller | Texas Department of Agriculture

Sid Miller's re-election as agriculture commissioner is under scrutiny after his top political consultant, Todd Smith, was indicted on felony charges of taking bribes in return for access to state hemp licenses.

Smith is charged with theft and commercial bribery, Travis County district attorney Jose Garza told the Texas Tribune.

According to the Tribune, an arrest warrant affidavit issued for Smith’s arrest in May accused him of taking $55,000 as part of a scheme that solicited $150,000 in return for an “exclusive” hemp license from the Texas Department of Agriculture. A hemp license from the state normally costs $100, according to the arrest warrant.

“We are holding accountable powerful actors who abuse the system and break the law,” Garza told the Tribune. “Our community needs to know that no one is above the law and will face justice.”

Smith’s attorneys denied the charges.

"We are disappointed that the Travis County District Attorney has obtained an indictment against Todd Smith, he was not invited to address the grand jury,” attorneys Sam Bassett and Perry Minton said in a statement to the Tribune. “He is not guilty of these charges and intends to vigorously defend himself against the allegations made by the Travis County District Attorney’s Office.”

The production, manufacturing and retail of hemp became legal in 2019, causing the rise in CBD products. The Texas Department of Agriculture was developing its guidelines and policies for the new industry when the alleged solicitations occurred, according to the Tribune.

Smith is closely linked to Miller, who is seeking a third term as agriculture commissioner. Miller is being challenged in the March primary by two Republicans, Rep. James White and Carey Counsil, an economics professor at Blinn College.

Miller has brushed off the current allegations when Smith was arrested in May, saying the investigation was politically motivated.

“It happens every election,” Miller said at the time, according to the Tribune. "They know they’re not going to get you on anything, but the process is the penalty. All they need is a headline: Sid Miller’s political consultant under investigation for selling hemp licenses.”

Despite the indictment, Miller doesn’t think Smith did anything wrong. Speaking on a conservative radio show this week, Miller said he will review the indictment, but he isn’t ready to “throw [Smith] under the bus."