Not Guilty Plea entered for Last Place on Earth's City Ordinance Violation

By KBJR News 1

October 4, 2013 Updated Oct 4, 2013 at 6:13 PM CDT

Duluth, MN (NNCNOW.com) --- While a jury is still deliberating in his federal trial, Last Place on Earth Owner Jim Carlson was back in the courtroom Friday..this time in Duluth.

A jury in Minneapolis is still deliberating on the 55 federal counts against Jim Carlson, but this case should not be confused with that one.

Carlson appeared in court this morning in Duluth after receiving a citation in July for selling synthetic drugs without a license, which was a violation of city ordinance.

Duluth passed a set of ordinances earlier this year preventing any establishment from selling synthetics without obtaining a license.

Controlled buys were done in the store after the city synthetic ordinance went into effect.

Carlson allegedly sold two packets of synthetics during the buy.
He was issued a citation by Duluth Police for unlicensed sale of synthetic drugs.

At a court hearing in August, Carlson's attorney requested a formal complaint that would charge Carlson for the act.

The complaint was received in court today, but Carlson was not listed as being charged, instead the Last Place on Earth Corporation as a whole was charged.

Tigue entered a not guilty plea on the store's behalf.

The citation is only a misdemeanor and comes with a fine not to exceed one thousand dollars.

"If this were an offense that had jail time attached to it, it would clearly be to his advantage because you can't put a corporation in jail, but here the maximum penalty is a fine and I don't know if it makes a difference whether he pays the fine or the corporation pays the fine," said Randall Tigue, Carlson's attorney.

Tigue says he plans to challenge the legal sufficiency of the complaint and the constitutional validity of the synthetic drug ordinance.

A court trial date has been set for December 13.

Meanwhile, jury members will continue deliberations on Monday in the federal trial.

Written and posted to the web by Raeanna Marnati