PLATTSBURGH, N.Y. -
We have been following the debate over synthetic drugs, and now a statewide effort is underway to get all of the drugs off smoke-shop shelves. The New York Attorney General is going after the accused offenders one by one.
So far, the state has won every time.
A Plattsburgh smoke-shop owner was in court today. The smoke-shop side says it's out of their control whether people abuse the product that was legally sold as incense. The New York Attorney General side says the label on the product is misleading, and the product is a drug.
"It's time to just call a spade a spade and take these drugs off the shelf," Assistant Attorney General, Deanna Nelson said.
An undercover sting may change the fate of one smoke-shop owner in Plattsburgh.
"It's not a drug," "This and That," smoke-shop owner, Carla Brotherton said.
In a New York courtroom Friday, the owner of "This and That" defended the product she sold... they're labeled incense, but prosecutors say they're used to get high.
"This is an extremely deadly problem," Nelson said.
The Judge heard both sides. The defense claims the product is used to make a room smell nice.
"At no point has my client ever promoted the misuse of these legitimate aroma products," Tim Dandar, defense attorney for Brotherton said.
But the state argued when an undercover officer asked for something to smoke, Brotherton pointed him right to the quote incense that says "not for human consumption."
I asked, "do you think anyone's using them as aroma?" Nelson replied, "no, the shop owner assisted our investigator in obtaining a pipe to smoke it."
"When you go to the hardware store and buy a crowbar and go out and kill somebody, you gonna go back to the hardware store and make them accountable for it? I don't think so," Brotherton said.
The Judge can take up to 60 days to make a ruling on this case, and up until then all of the product will remain off the shelves. His ruling could make this permanent.
The state says the flashy packages appeal to teens, but are only a disguise.
"These products are sold from behind the counter, out of a binder, they're not aroma products," Nelson added.
If the Judge rules in favor of the state, Carla Brotherton's smoke-shop will be able to stay open, but she'll have a $15,000 fine.
