Clandestine, Secretive, Dishonest: Prosecutor Admits to Keeping Citizens in the Dark about What is Legal

“It’s a fishing expedition, plain and simple,” LaCoursiere said after the hearing. “We’re hopeful that the plaintiff’s requests will be denied by the court. The second point is the public has been fighting on a local, state and national level to curtail the harmful effects of synthetic drug use in our communities by banning the sale of these products. The modus operandi of this multi-billion dollar synthetic drug industry has been to work to dodge these efforts by constantly tweaking synthetic drug formulas as soon as the industry knows what is on the chopping block next. And that is why it is important that active criminal investigative data remain confidential so that synthetic drug makers and sellers do not destroy, hide or re-label existing products, or simply start fresh with modified synthetic compounds” (Duluth News Tribune).

Demonstrating a typical belief held by law enforcement agencies and prosecutors, one prosecutor admits to purposely keeping victims of his prosecutions in the dark about what activities are considered illegal by law enforcement.

The quote above really illustrates that perception is everything. This prosecutor believes that keeping this information away from businesses prevents evasion of prosecution. That is his perception. However, imagine that you are a person who is just trying to comply with the law. That quotation then says that prosecutors don’t want you to know what is legal so they can then entrap you and take your property. What property you ask? The billions of dollars that the government wants to get their hands on, which the prosecutor above purposely referred to, as if being successful on terms that he personally considers unacceptable is a crime by itself.

Consider this sentence: “And that is why it is important that active criminal investigative data remain confidential so that synthetic drug makers and sellers do not destroy, hide or re-label existing products, or simply start fresh with modified synthetic compounds.”

Now think about what that really means – so that manufacturers do not COMPLY with the law by re-labeling existing products that they are compliant with the law, or simply start fresh with compounds that are COMPLIANT with the law.

In other words, this prosecutor and other law enforcement and government agencies across the country are basically saying that they don’t want manufacturers to be able to figure out how to follow the law. They WANT manufacturers to BREAK the law, so they can seize property and cash lawfully.

This doesn’t seem to us to be about protecting the public. In a country where the rule of law is supposed to be respected, it seems to us that preventing people from complying with the law by keeping information from them that allows them to do so is wrong, dishonest, and immoral. It especially seems hypocritical when these same parties who are boasting of their dishonest and shady practices are accusing the businesses they persecute of immorality.

Not Without a Fight: Head Shop Sues to Recover Legal Incense Products

One head shop owner is refusing to go down without a fight.

According to a unofficially editorialized (meaning the story paints Carlson in a bad light by calling his products synthetic drugs, thereby implying the state is right, even though that is a conclusion that is in question) story appearing on the Duluth News Tribune website, Jim Carlson, owner of Duluth head shop The Last Place on Earth, is suing to recover products seized by local authorities. His attorney, Randall Tigue, argues that “authorities raided the Superior Street shop last week because they didn’t find anything illegal while executing what he called an unlawful search warrant there last September” (Duluth News Tribune).

Carlson has been fighting with authorities for close to a year now over selling herbal incense products at his head shop. He’s been raided more than once, if I’m not mistaken, and each time, he continues to sell the products. Carlson contends that he is doing nothing illegal.

In our opinion, although we’re certainly not informed as to all the details of the case, Carlson is likely correct. That doesn’t mean that he will prevail though. We believe this because our experience tells us that prosecutors and even police, as well as the judiciary, are barely informed of what is or is not illegal, nor when certain substances became or did not become illegal.

This is a new and developing area of law that many members of the legal field don’t entirely understand. Of all the members of the legal field involved in these prosecutions, defense attorneys are probably most well-informed as a result of their dealings with their clients, who usually know exactly what is legal or not, and when it did or did not become that way.

Futhermore, most of the people being prosecuted on herbal incense related charges these days probably didn’t know they were doing anything illegal (if they were). Most likely, they carefully researched the law and only continued to participate in the industry because they believed, after research, that their activities were totally legal. No one wants to go to jail, after all.

However, as those in the herbal incense industry have now discovered, being right is no protection from raids, expensive legal fees, prosecutions with fallacies as their basis, unjust seizures of property and cash, and convictions that are based on the defendant simply wanting an end to government  harassment than being guilty of anything.

We have learned that sometimes, it doesn’t even matter when or if a particular substance was illegal. Authorities will find a way to prosecute behaviors they believe are unacceptable or against society’s best interests. If one law doesn’t apply in our overly-criminalized society, they will find another.

You would be surprised at how hard it is to show that you are right in court. Prosecutors will vehemently argue points of law that they are totally in error over, and they do not always even remember the details of the case correctly, but then they make statements to judges in their arguments that aren’t factually correct, and no one objects. Lawyers are not all created equal, that is for sure.

It will be very interesting to see if Carlson prevails in court. What can we learn from this? The lesson here is that you are your own best advocate, and you should stay well-informed of the law and what’s going on in your community. Lawyers do not know everything about the law, you might have to push your attorney to learn more about the laws concerning these products, if you find yourself in a tough spot.

Operation Logjam – Confusion, Chaos

Operation Logjam commenced last week on Wednesday, a coordinated effort to seriously cripple the herbal incense industry. The DEA, Homeland Security, the Postal Inspection Service, and other federal and state agencies worked together nationwide to curtail sales and purchase of herbal incense and bath salts in communities they felt were most impacted by the explosion of interest in these products.

Although we weren’t raided, thank God, we were confused by the raids. We’re familiar with some of the businesses that were raided, and as far as we knew, these businesses ran a clean operation, making sure they complied with the new Federal law. We definitely wouldn’t do business with them otherwise. Operation Logjam likely resulted in the confiscation of products that are currently legal under the new Federal Ban.

Federal Herbal Incense Ban Not Effective Till October 1?

We doubt it. We have seen stories stating that the new Federal Ban won’t go into effect until October 1. Although that is possible, our information says that the October 1 date is not factual, and we definitely will choose to err on the side of caution every time.

Emergency Scheduling Powers Being Used?

The Federal Ban granted new emergency scheduling powers to the DEA. Now we are hearing rumors that the DEA is using these new powers to schedule more compounds. We understand that information will come out on Monday as to the truth of that rumor. We will be sure to stay on top of this and make sure our product line is fully compliant.

If this rumor turns out to be true, then the DEA will not need to return the products that were currently legal even under the new Federal ban. That will not be a change from the standard anyway. Those next-generation products would then become illegal. Herbalaxation will make sure we are compliant with any revised schedule, immediately, by removing mention of any non-compliant products from our site and then destroying any non-compliant products before any such scheduling becomes effective.

Were Some Logjam Targets Selling Non-Compliant Products?

We have also heard that some businesses raided as part of Operation Logjam were selling old products that, under the new Federal ban, contain schedule I controlled substances. We suspect that Operation Logjam may have primarily targeted bath salts and manufacturers of bath salts, which of course we do not carry. If a business was continuing to sell products it knew was illegal, clearly, they put themselves at risk.

The DEA’s stated purpose in conducting Operation Logjam, though, was to seriously cripple the industry. We must say that they may have succeeded in doing so, by taking down several large manufacturers that were viewed as making quality products that sellers could be confident were also legal. It is now unclear what direction the herbal incense industry will go next.

We learned today that the DEA will prosecute some Logjam targets through the Federal Analog Law, which makes illegal any substances either chemically or pharmacologically similar to a schedule I controlled substance. Herbalaxation believes that our products are not covered under the Analog law. We do not believe our products contain any substances chemically or pharmacologically similar to any schedule I controlled substance, or we would not be selling it.

Herbalaxation will continue to keep our customers informed of any new developments we become aware of. We are careful to avoid selling anything we believe may be illegal and we will continue to do so. We believe it’s important to run our business using best practices utilized for any business, and we’ll keep doing that, providing legal products to our customers with good customer service and honest business transactions.

Schumer to Have HR 1254, Synthetic Drug Control Act of 2011, on President’s Desk by July 4

Well this is a bit ironic, eh?

In the New York Daily News article regarding the deceitful (that’s my own editorialization, but I can do that, I’m only writing a blog ) passage of the national herbal incense ban, the writer stated that Senator Schumer hopes to have the federal herbal incense ban on the President’s desk for signature by July 4.

Herbalaxation will be totally federally compliant before that date. More details will follow as we get closer to the 4th.

Have a great weekend, everyone. :)

National Herbal Incense Ban HR 1254 Really Did Pass; Mainstream Media Reports

So we’ve been getting flack from some people who think that perhaps we dreamed up the sneaky passage of HR 1254 on the back of an FDA bill.

Well, the news is now being reported in the mainstream media, soooooo no more flack, ok? Learn more here.

Just in case you’re not too crazy about clicking on another link, I have quoted the New York Daily News for you:

The U.S. Senate passed a ban on the sale of potentially deadly synthetic pot after the rogue lawmaker who held it up for months was outfoxed by New York’s Chuck Schumer.
Kentucky Republican Rand Paul, a libertarian, used a filibuster to stymie a federal crackdown on the drug known as “potpourri or “herbal incense” — the subject of a Daily News investigation into its dangers.
Fearing that more young people could be harmed while Paul dug in his heels, Schumer made an end-run around Paul and tacked the ban onto a larger Food and Drug Administration bill.

Not enough? Why not go ahead and email the author of the editorialized story? Here’s a link. Now you can check it for yourself. According to the New York Daily News,

The big bill passed 96-1 on Thursday — and even Paul didn’t vote against it.

That’s not surprising. He didn’t know what he was voting for.

Did I say heavily editorialized? Why, yes, I did. The reason why — branding Senator Rand Paul as a “rogue lawmaker”? Visions of men in tights dance in my head. Paul’s objections to this bill are completely valid – the penalties are ridiculously harsh and not only that, everyone knows this legislation will indeed impede scientific research. Considering that some synthetic cannabinoids have lately been discovered to be beneficial to Multiple Schlerosis patients, halting the disease’s progress, this move seems ill-considered.

Meanwhile, our customers continue to enjoy cheap herbal incense prices on all products that may not be compliant with the Federal Ban. Remember, though, even if you buy the product before the ban is signed, that sales receipt won’t make the goods legal if you still have them after the ban, so therefore, we do not recommend keeping any product made illegal under the Fed ban after its effective date. Just shed your tears and move on.

Some manufacturers and large distributors have been saying that being under the auspices of the FDA may be in the industry’s favor, but I’m not really sure about that. One reason we’re not sure is because some manufacturers being pursued by Homeland Security have been told that that agency’s aim is to “bring the whole industry down”.

DEA Ban Myths and Facts

Myth: the DEA ban makes all aromatic potpourri illegal.

FACT: Only those products containing one or more of the five synthetic cannabinoids named in the DEA ban are illegal. Our products do not contain any of those compounds and our product line has been in compliance with the DEA ban since December 24, 2010.

Herbalaxation does not carry any product that would be affected by this ban. All of our current products are still legal.

What is the effect of the DEA ‘ban’?

The DEA has put five chemicals associated with aromatic incense production into a Schedule 1.

It may be hard to believe, but according an article at the Huffington Post, “A Schedule I listing would put it in a more restrictive category than cocaine.” That is just unbelievable, especially considering that alcohol kills more people and creates more emergency room visits than any other ‘drug’.

Are the products on your website legal?

Absolutely. We revised our product lineup prior to December 24 to make every product on our site legal. We no longer carry any product containing any of the chemicals listed in the DEA’s proposed ban, we do not carry K2 or K3, and we have lab reports on file for every product on our site, which verify the total absence of those chemicals.

What about the products I bought before the ‘ban’ was to take effect? Are those still legal?

No. The DEA ban is now in place as of March 1, 2011. You can read the text here in the Federal Register.

Federal Ban Dies in the Senate

Update: Federal Ban Dies in the Senate

We are happy to report that the seriously-flawed, ill-considered, Federal ban has died in the Senate.

This piece of legislation, which, in our opinion, was more about scoring political points than about protecting anyone and would have put an onerous burden on scientists, has been delayed indefinitely due to an objection by Senator Rand Paul of Kentucky. The nature of the objection was not specified in the article we read (read the article here).

“These drugs need to be controlled, but they need to be controlled in such a way that there is no harm done to the vital scientific and medical research that we count on,” said U.S. Rep. Zoe Lofgren (D-CA).

 

Is It Really Dead?

While some believe that another bill will not make it into the law for a year or two, others question whether it will be that long. Some in the industry believe that it may only be a matter of months before another bill is introduced. However, an introduction of a bill doesn’t guarantee that it will become law. In our opinion, federal legislation may not be inevitable, but states will likely continue to enact bans.

Meanwhile…

Here at Herbalaxation, we will comply with any and all laws affecting any products we sell. While we may not agree with laws being passed, this country is run through the rule of law, and we respect that.