Charges lodged after synthetic pot seized from NB tobacco shop

The two brothers who run the King Tobacco store in North Branch have been officially charged with selling and possessing synthetic products deemed illegal or controlled in the state of Minnesota.

Binh Van Do, 51, of Little Falls, and Tin Trong Do, 38, of St. Cloud, each have been charged with two counts of felony sale of synthetic cannabinoids and one count of misdemeanor possession of the substance. No court date has yet been set for the brothers, according to Chisago County Attorney Janet Reiter.

According to the criminal complaints:

In May, the East Central Drug and Violent Offenders Task Force received information that King Tobacco, 6063 Main St., Suite D, was selling synthetic marijuana. An agent, acting undercover, conducted a controlled buy and spoke with a store clerk May 17.

The agent asked to buy “Volcano,” a known trade name for a type of synthetic marijuana, and the clerk went to the main counter area where the substance was displayed. The agent then purchased 3 grams of Volcano for $37.38, using money that had been previously recorded by the task force.

After the substance was sent to the Wisconsin Department of Justice State Crime Lab for analysis, the lab indicated the Volcano contained the presence of a controlled substance under Minnesota statute. An agent with the task force conducted another controlled buy at the North Branch store June 14.

Later that day, task force members executed a search warrant at King Tobacco, where the store clerk informed an agent that she was aware the store sold Volcano and Liberty, which is another form of synthetic marijuana. The clerk said she had tried the substance several months ago, and “the chemical high made her want to hide in a corner and put her in a paranoid state.”

In addition, the clerk said she did not know how the product arrived at the store, as she had never seen it come with freight shipments of other tobacco products. But the synthetic marijuana was just there sometimes for her to stock, the clerk said, noting she had sold about $1,279 worth of Volcano and Liberty that day.

Also during the search warrant, store manager Binh Van Do arrived on scene stating his brother, store owner Tin Trong Do, ordered the synthetic products for their other stores in Detroit Lakes and Alexandria. Binh Do said he was responsible for the stock at the North Branch store, and he orders Volcano and Liberty online. The product then comes to the store through the U.S. mail.

Binh Do stated he had legal paperwork indicating the synthetic he was purchasing was a legal substance. He provided a letter from a lab in Virginia saying Volcano was found not to contain the particular classes of synthetic cannabinoids that are considered illegal by Minnesota law.

Tin Trong Do arrived at the store next, also during the search, and declined to give a detailed statement. But he did say that he will stop selling the synthetic items and paraphernalia as soon as the city creates an ordinance prohibiting it.

During the search, law enforcement officers seized more than 250 single and 3-gram packets of the synthetic product, totaling 446 grams (15.7 ounces or just short of a pound) with a retail value of more than $6,400. Agents also seized over $8,000 in cash. No arrests were immediately made.

Officers with North Branch Police and deputies of the East Central Drug and Violent Offender Task Force served the search warrant as part of an investigation into allegations that King Tobacco was selling synthetic cannabinoids, an illegal substance that is also known as synthetic marijuana.

Synthetic marijuana is defined by Minnesota state statute and is illegal to possess or sell. It is produced by spraying natural herbs with synthetic compounds that, when consumed, mimic the effects of marijuana. These products are considered dangerous as they contain toxic chemicals and can produce psychotic episodes in users.

  • BK

    What does “charges lodged” mean?
    Is the substance they were selling legal, as the store owner’s paperwork stated, or not?
    Are they still selling it?
    Does the city need to impose an ordinance or not?

    Lot’s of information is lacking in this article.

    • Charlotte Wilcox

      1. “Charges lodged” is a common synonym for charges brought against a suspect, and would be clear to most readers.
      2. The article clearly states that the substance sold at the store was tested at a crime lab and found to contain a controlled substance (meaning it is either prohibited entirely or must be dispensed by a licensed professional). The crime lab report contradicted what the store manager’s “paperwork” said.
      3. The article clearly states that the store owner intends to continue selling the substance.
      4. The city does not need an ordinance, as is clearly evident by the fact that the store owner and manager have already been charged with felonies under Minnesota law.

  • http://ecmpost northbranch

    thanks city council for keeping up on the regulations. yet again you failed us

    • Charlotte Wilcox

      The city has not failed, as the substance is controlled by Minnesota state law. North Branch police officers responded appropriately when they learned of its presence in the city, and the sellers were charged with felonies. Don’t be duped by a suspect who says he’s going to keep selling something just because the city doesn’t have an ordinance. Whatever the city does or doesn’t do is immaterial because the substance is already illegal under state law. If the store continues to sell the substance, they will simply be subject to additional charges against them.

  • Bob T

    Here we go again. He doesn’t get arrested probably pending the testing of the spice. They will test it and chances are that it won’t have any banned chemicals. Sometimes it is even returned to the owner. The problem is that the chemicals are changed slightly to skirt the law. It’s just as dangerous, though.