After Harsh Ruling in First Federal Synthetic Marijuana Trial, Defendants Ask for Retrial

The defense attorneys for Jim Carlson and his “head shop,” Last Place on Earth, have asked a federal judge for a retrial, after Carlson was harshly sentenced in the first federal synthetic marijuana case.

On October 7th, Carlson was found guilty of selling synthetic marijuana and other synthetic drugs in his shop, among 51 other federal drug crimes. The 56-year-old was also found guilty of mislabeling his products and money laundering. His girlfriend Lava Haugen was convicted on four federal charges, and son Joseph Gellerman was convicted on two charges.

Synthetic marijuana belongs to a classification of drugs called canniboids, which have similar psychological effects as the active drugs in cannabis. Synthetic marijuana is often sprayed onto FDA-approved plant material, creating something a user could smoke or burn like incense, or consumed in another fashion. A recent study from the DEA declared that synthetic marijuana, also referred to as “fake pot,” “herbal incense,” or “potpourri,” constituted an imminent public safety hazard. Synthetic marijuana previously had no specific restrictions, and was often sold in corner stores and online. The drug can be purchased with no age restrictions, making it increasingly popular with minors and young adults.

Many states, along with the DEA, have begun cracking down on designer drugs like synthetic marijuana, molly, and other chemicals that do not have any specific state regulations, thereby making them legal. Often, manufacturers will slightly alter the chemical formula to stay ahead of law enforcement. However, the DEA recently make three specific popular types of synthetic marijuana illegal, in order to study the drugs’ effects and help stop the sale of drugs to minors.

Carlson’s case hinged on whether or not synthetic marijuana was legal at the time he sold it in his shop. “Unlike most other drug cases, Mr. Carlson is not denying that he sold these drugs. He’s denying that it was against the law for him to do so,” said spokeswoman for the U.S. Attorney’s Office for Minnesota, Jeanne Cooney.

Carlson’s attorney is now seeking a retrial due to errors that Judge David D. Doty made during the three-week trial. A 40-page joint motion says that the judge denied Carlson his 6th Amendment Rights to present a full and complete defense to criminal charges” with rulings that limited the presentable evidence.

“The preclusion of this evidence through other witnesses and documents, as well as through Carlson himself, led to an unjust verdict,” Carlson’s attorney, Randall Tigue, argues in the motion. “Defendants respectfully request that this court grant defendants a new trial to right this wrong.”

“Not only did the Court’s rulings prohibiting this state-of-mind evidence preclude the defense from offering it through witnesses who could have shown that it was seen or heard by the defendants, it effectively muzzled defendant Carlson and precluded him from taking the stand in his own defense,” attorneys argue in the motion.

Haugen and Gellerman are free on bond, while Carlson remains in custody. A sentencing date has yet to be set.

The Strom Law Firm Can Help Defend Against Drug Charges Involving Synthetic Marijuana

If you or a loved one have been found with synthetic marijuana, or other synthetic drugs, you could face criminal charges ranging from misdemeanor to felony, depending on how much of the drug was on your person, and what your intent was with the drug. The drug crimes attorneys at the Strom Law Firm can help. Do not let drug charges for synthetic marijuana hurt your reputation or your future aspirations. We offer free, confidential consultations to discuss the facts of your case. Contact us today for help. 803.252.4800