THC back in store, sells well
But cops still think it’s illegal
Staff writer
THC beverages that police took from Carlsons’ Grocery last week in spite of the county prosecutor’s advice were returned six days later.
Police still believe the beverages are illegal, but the county attorney has said no charges will be filed.
The beverages have been selling well. At least 12 containers sold between Friday, when the merchandise was returned, and Monday.
“It’s going fine,” co-owner Greg Carlson said Monday. “It’s doing good.”
A total of 160 cans or bottles of beverages, bearing names such as “Nowadays,” “Drink Easy,” “Drinking Buds,” and “Happi” were labeled for purchase only by customers 21 years old and older.
The labels say the beverages contain no alcohol.
They were taken by Marion police July 19 because police thought beverages containing THC were illegal.
Before taking the beverages, police phoned County Attorney Michelle Brown.
When officer Aaron Slater said the beverages were illegal, Brown at first told him police should take them.
But in the same conversation, she told Slater to let the store get its money back instead, she said.
“I said, ‘Wait a minute. Let him get his money back,’” Brown said.
Police took the product nonetheless. Slater told Greg and Mitch Carlson that it would be in their best interest to let police take the products until the issue was resolved, Mitch Carlson said. The Carlsons agreed to let them take the drinks.
Interim police chief Zach Hudlin said the state’s Alcoholic Beverage Control bureau told Slater that THC beverages were illegal but that enforcement was being left to local authorities.
Products containing THC made from a specific type of hemp are federally legal under the 2018 Farm Bill.
States have to define whether the beverages can be sold.
“There’s this weird gray area that doesn’t make it clear,” Hudlin said. “The conclusion of the 2018 Farm Bill just muddies the water.”
Brown said she would not prosecute the Carlsons because “I don’t want to take a local business’ product. I’m not going to infringe on a local business.”
She said she found evidence the beverages were legal and other evidence that the products might not be.
It was not as if Carlsons’ was selling the product out on the street, she said.
She sees the question of legality as a decision to be made by state officials, not a county attorney.
“At the county level, I am not doing anything,” Brown said. “This will be an issue that needs to be settled by the attorney general. I don’t have to decide a statewide issue.”
She got emails from Mayor Mike Powers about the event and responded to him. Carlson also emailed Powers.
Brown said THC beverages were popular in Morris County, where she also serves as county attorney.
Carlson said his beer supplier provided him information to use if he needed to defend himself in court.
“We didn’t do anything wrong or illegal,” Carlson said. “Carlsons’ is not a head shop.”
The store’s aim is to supply customers with a variety of appealing merchandise, he said.
“We’ve been at this for 30 years,” he said.
When police said he could be prosecuted, Carlson said he thought about 500 retailers who also sell THC beverages.
“Who are you going to prosecute?” he said.