Duluth, MN (NNCNOW.com)-- The owner of the controversial head shop, Last Place on Earth, is attempting to get relief from a new city ordinance, regulating the sale of synthetic drugs.
The 'Last Place' legal team has filed a temporary retraining order in federal court. Owner Jim Carlson says the store will not sell synthetic drugs until at-least Monday, when a federal magistrate will release his recommendations.
Temporarily stepping in for Carlson's attorney Randall Tigue on Friday, Duluth defense attorney David Malban argued in federal court that the act of applying for a license to sell synthetic drugs is self-incriminating.
Malban told the magistrate that US attorneys, in a separate federal trial, could use the license as proof of intent to sell a misbranded product, as they allege in 17-counts of a superseding indictment.
Malban also says the definition of a synthetic drug, outlined in the ordinance could be self-incriminating as well.
City attorneys countered by saying that argument is speculative and having unlicensed sales of synthetic drugs is harmful to the public.
Carlson is hoping to get a restraining order against the whole ordinance pertaining to the licensing of synthetic drugs.
The federal magistrate is expected to make his recommendation by noon on Monday and a final decision from the federal judge should come down in the near future.