Federal Drug Trial Against Minnesota Synthetic Marijuana Retailer Begins

In May, the DEA made three types of synthetic marijuana illegal with a “temporary” statute that put a halt to sales of the drugs for two years, so the agency could further study the side effects of designer drugs.

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.

State authorities have, so far, cooperated with the law. South Carolina authorities said in June of this year that they would also begin cracking down on “head shops,” which often sell synthetic marijuana.

Now, the first federal synthetic marijuana trial will go to court. Jim Carlson, along with his girlfriend and son, have been charged with numerous violations of federal drug laws, including one specific one about “analogue” drugs. These drugs are defined as substances with similar chemical structures and side effects as controlled substances, like marijuana or cocaine.

Makers of “designer” drugs like synthetic marijuana often make minute changes to molecules to stay ahead of such federal drug laws.

Jim Carlson’s case will be particularly interesting for a drug charges trial. “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.

Duluth Police Chief Gordon Ramsay said that Duluth is one of the worst places for synthetic marijuana sales, and that Carlson’s shop, Last Place on Earth, is one of the largest synthetic marijuana retailers.

“We would know when new products would come in because we would see a whole new type of behavior …” Ramsay said, describing one substance he said caused one user last winter to pull out some of his teeth and another to gouge his eye with a fork. He added that police would frequently have to break up fights outside of Carlson’s shop.

Prosecutors in the case say that Carlson deliberately restocked new versions of synthetic marijuana in order to stay ahead of law enforcement. They also claim that he pitched the drugs as legal versions of illegal drugs with similar highs, and knew his customers abused the designers.

However, synthetic marijuana and other designer drugs are not specifically illegal, at the state or federal level, and Carlson has defiantly said that he did not sell anything that was illegal.

“So I’ve got the DEA telling me it was legal, I’ve got the House and Senate saying it’s legal, I’ve got the judge telling me I can continue selling it … if I want to pay a higher bail,” Carlson said.

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