Cannabis growing case against former Winnebago mayor dismissed

WINNEBAGO, Minn. (FOX 9) - Prosecutors have dismissed a case against the former mayor of Winnebago, Minnesota over what they said was an illegal cannabis growing operation.

What we know

Scott Robertson was charged with illegally growing more above the state limit back in February. Shortly after the arrest, Robertson stepped down as Winnebago mayor.

The charges against Robertson and his son outlined a year-long investigation into the operation after investigators were tipped off in January 2023 about a number of cannabis plants being grown at a "commercial-grade greenhouse" which authorities later learned belonged to Robertson.

After requesting a search by the Minnesota Department of Agriculture, authorities claimed the Robertsons appeared to clear out the greenhouse before it could be inspected.

In January 2024, authorities were again tipped off about the Robertsons growing cannabis in the greenhouse. This time around, authorities sought a search warrant which uncovered 240 cannabis plants.

What happened?

Last week, prosecutors dismissed the cases against both Robertsons, saying they weren't able to "prove, beyond a reasonable doubt, that Defendant violated criminal cannabis cultivation laws."

Before the dismissal, prosecutors had requested to delay the case's prosecution until 2025. A judge denied that request. The case was dismissed days later.

What are they saying?

In a statement to FOX 9, Dave Risk, the attorney for Scott Robertson, said there were clear problems with the search warrant – including incorrect information on power use for Robertson's facility and using the smell of cannabis, which is legal under state law, as justification for searching the property. In the criminal complaint, authorities said electrical use patterns suggested a large cultivation and investigators noted the strong scent of "unburnt marijuana" near the facility.

Risk also says the cannabis plants did not yet contain THC because they hadn't flowered – and Robertson was planning to destroy the plants prior to the flowering stage. According to Risk, Robertson was considering starting a growing operation and just wanted to prove he could grow the plants before moving forward.

"This experience was incredibly stressful from his arrest all the way to the dismissal. It was a lengthy process that caused incredible stress to Mr. Robertson and his family. 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.," wrote Risk. "Mr. Robertson is very happy to have all of this behind him, and I am proud to have helped him through this process. 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."