Minneapolis, MN (NNCNOW.com) - Last Place on Earth owner Jim Carlson has avoided going to jail again.
A federal magistrate denied US Attorney's attempt to revoke Carlson's pretrial release for, what they say, are multiple violations of city and federal law.
In court Monday, prosecutors alleged Carlson violated his release terms by selling misbranded drugs.
They argued that products purchased at Last Place, by undercover officers have no directions, no warnings, and no indication of what's in the product.
US Attorneys also said Carlson clearly violated the newly enacted Duluth city ordinance, requiring a license to sell synthetic drugs.
But, the magistrate decided the government did not meet their requirement to prove Carlson is a danger to society and that he is violating his terms enough for revocation.
"I'm just glad I don't' have to spend the next two months in jail waiting to be found not guilty in our case coming up," said Jim Carlson.
"When Jim stayed open and didn't get a license, he was doing exactly what Magistrate Judge Brisbios said he could do," said Carlson's attorney Randall Tigue.
Duluth Last Place's legal team will be in state court Tuesday to respond to a temporary restraining order, filed by the city of Duluth that shut down the shop on Friday.