Duluth, MN (NNCNOW.com)-- The legal team for Duluth's Last Place on Earth argued in federal court that the indictment against Jim Carlson, his girlfriend Lava Haugen, and his son Joseph Gellerman should be dismissed.
There were dozens of motions filed by the defense counsel. Carlson's attorney, Randall Tigue, argued that all the federal felony charges should be dismissed.
Of the 17 related charges saying that Carlson is selling misbranded incense products, Tigue argued that since the incense sold at Last Place are labeled, "not for human consumption", that section of the indictment should be entirely dismissed.
He also disputed the more than ten charges relating to the sale of products containing the recently banned chemical JWH-018 and look-alike, or analog chemicals to JWH--018.
Tigue said the Drug Enforcement Agency's recent classification of JWH-018 as a "temporary schedule one drug" was done illegally.
Tigue says the DEA didn't go through the required steps to make JWH-018 a legal "schedule one" drug.
"It blatantly violated a law congress passed 12 years later called the "Congressional Review Act" which says anytime the government adopts a regulation they must report the adoption of the regulation to both houses of Congress and to the comptroller general and give 60 days notice to congress to approve or disapprove," said Randall Tigue, in a May interview.
The government argued the validity of Tigue's contention saying the procedure for creating a "schedule one drug" hasn't been substantiated in court.