A day after The Laughing Buddha announced that it was willing to cooperate with officials, owner Jay Lang was served a notice from New York State Health Department, banning him from selling potpourri over the counter.
Lang said Tuesday he had voluntarily removed his products from the shelf days earlier, but now he's not permitted to restock them, according to the notice.
"The health department stopped in this morning and told us we couldn't sell our products anymore," Lang said. "They were very polite and we cooperated fully. We gave them samples of our products that they will be testing for the banned cannabinoids.
"I also spoke to Det. Crossett (Batavia PD) this morning and he informed me that this is a civil matter and not a criminal matter," Lang added.
If he were to restock, the state could fine him up to $1,000.
Local health department officials confirmed that Lang gave them samples and that tests would be done, but could not tell us exactly what was being done or being tested for, since it was being handled at the state level and not county level.
Products that are being tested include the potpourri that sells under the name White Rhino, Hammer Head and Yum Yum.
"If the tests come back in my favor, I can restock the shelves," Lang said. "If they come back against me, they will let me know what compounds need to be changed to make the products legal."
Lang has fifteen days to present proof that his products do not constitute a danger to the health of the people of the State of New York.
Since The Batavian first started following the story, numerous news stations have also picked up on this local story.
Previous coverage:
- Laughing Buddha owner pulls potpourri, but believes statewide ban violates constitutional rights
- County health inspectors visiting shops that might sell synthetic weed to enforce new statewide ban
- Potentially dangerous synthetic drugs readily available in Genesee County
- Professionals who work with substance abusers share concerns about 'incense'
- Four smoke shops on reservation raid by feds -- cigarettes, fake pot, bath salts seized
- Hammer Head' 'incense' blamed for seizure of youth in Le Roy
Photo by Howard Owens
** Howard, mis communication
** Howard, mis communication I never said anything about 15 days to present proof, they just took samples and left. Thanks
It doesn't say you said it.
It doesn't say you said it. That's what the health department order says, as previously reported.
Where the samples supplied by your distributor specifically to give to law enforcement or health department?
NO they were provided from my
NO they were provided from my surplus of product left over, they were givin one of each and just to put us up to date, I have heard nothing back. I guess the only truth I can really gather from health department or law enforcer is that as long as it isn't sold over the counter then it's okay.. So.. I've lost my sales to now a 'underground' market of Street sales by local people in communty.
And the samples were
And the samples were available in general to law or health, the law declined tho where the health department took us up on offer. Thanks Howard!