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Agriculture Commissioner Sid Miller’s political consultant indicted on charges of theft, bribery in hemp license scheme

The indictment comes as Miller seeks a third term as agriculture commissioner.

(The Texas Tribune) Todd Smith, a top political consultant to Agriculture Commissioner Sid Miller, was indicted Tuesday on felony charges of theft and commercial bribery related to taking money in exchange for state hemp licenses that are doled out through Miller’s office, according to the Travis County district attorney.

Smith was arrested in May, accused of taking $55,000 as part of the scheme, according to an arrest warrant affidavit. Smith and others are accused of soliciting up to $150,000 to get an “exclusive” hemp license from the Texas Department of Agriculture. Smith allegedly said $25,000 would be used for a public poll on hemp. A hemp license from the state costs $100.

The Legislature legalized hemp production, manufacturing and retail in 2019, opening the door for the rise of cannabidiol, or CBD, products. At the time of the alleged solicitations, the Texas Department of Agriculture was developing regulations for the emerging hemp industry.

The indictment comes as Miller seeks a third term as agriculture commissioner. Miller is up against two Republican challengers in the March primary, state Rep. James White, R-Hillister, and Carey Counsil, an economics professor at Blinn College.

Miller’s challengers have already targeted him, attempting to link him to Smith. In an interview with the Houston Chronicle earlier this month, Miller dismissed the allegations against Smith, whom he still employs.

“It happens every election. 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,” Miller told the Chronicle. “Well, they brought him in for questioning. They said OK, this was 8 months ago, they said we’re not filing charges and we’re not indicting you, so end of the story, folks, move on. But they got the headlines, so they bring up that old crap.”

Smith’s criminal defense attorneys, Sam Bassett and Perry Minton, previously denied that the consultant and lobbyist had participated in theft.

Smith has faced scrutiny before over his conduct and ties to the Department of Agriculture. In 2018, the Austin American-Statesman reported that Smith promised a San Antonio businessperson an appointment with the Department of Agriculture in exchange for a $29,000 loan. And in 2016, Miller gave Smith’s wife a newly created assistant commissioner position, one of the highest-paying roles in the department.

James Barragán contributed to this report.

This article originally appeared in The Texas Tribune.

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