synthetic drugs

A group of at least five men showed up at 400 Ellicott St., Batavia, Wednesday evening to box up the inventory and remove the fixtures of the former location of The 420 Emporium.

The 420 was suspected of selling synthetic marijuana and synthetic amphetamines from the time it opened in Batavia in May.

The store was raided by the DEA on July 25 and its apparent local owner, Joshua Denise, was arrested. The store never reopened after the raid, though its shelves remained stocked -- until Wednesday night -- with glass pipes, bongs, rolling papers and other retail items.

For our prior coverage of The 420 Emporium, click here.

Jason Lang, the local businessman who caught got up in using bath salts and still faces some criminal charges that appear to stem from his use of the chemical substances, is doing much better, according to family members.

Lang appeared in Town of Batavia Court on Tuesday, which is a big step forward from July 17, when he didn't make it for a scheduled appearance, but did meet with reporters in the court parking lot minutes after his attorney left the facility.

Observers at the courthouse said Lang looks much healthier and his mother and sister say his mental outlook and demeanor have improved.

Today's court appearance was to answer to charges stemming from an alleged phone call he made to the owner of 400 Ellicott Street attempting to convince the landlord not to rent to The 420 Emporium. Lang allegedly posed as a State Police investigator and said the 420 sold synthetic marijuana.

The case was continued until 3 p.m., Tuesday, Sept. 18.

In the weeks following his alleged impersonation, Lang's name or his home address came up several times in calls on the police scanner for incidents that give the appearance of being related to bath salt use, including a report of Lang saying he heard gun shots at a local hotel. For that call, Lang was eventually charged with filing a false report and harassment, 2nd.

Since the last week of July, there have been no reported bath salt related calls connected with Lang's name.

Lang's mother, Nicole, said today that since the 420 closed, her son has not been using bath salts.

"He’s doing pretty good," Nicole Lang said. "He’s doing a lot better than he was doing. Now that the emporium is shut, I think it’s made a big difference."

Brandi Smith, Lang's sister, agreed.

She said in recent weeks, she's been able to talk with her brother on a daily basis, something they used to do but stopped doing for the time Lang appeared to be using bath salts.

Jason Lang has been going to daily sessions at GCASA, she said.

"The other day I drove past GCASA and I saw his car parked out front and it just brought a huge smile to my face to know that he’s going every day and he’s getting help," Smith said.

"Bath salts" is a generic media term for a class of substances that are sold under a broad range of product names and claims but when consumed cause stimulation, euphoria, hallucinations along with paranoia, agitation and fear.

The substances, meant to mimic drugs that were already outlawed, can also be highly addictive.

At one time, Jason Lang owned the Batavia Cab Company and the Laughing Buddha.

Lang has previously admitted to selling both bath salts and synthetic marijuana at the buddha.

Both companies went out of business about the time it became public knowledge that Lang was getting into trouble with the law.

During the seeming height of Jason Lang's contact with local law enforcement, Nicole Lang went to The 420 Emporium at 400 Ellicott St., Batavia, and demanded employees stop selling bath salts to her son.

She was convinced if it continued, her son wouldn't survive.

On Tuesday, prosecutors dropped the trespass charge against Nichole Lang stemming from that confrontation at the 420.

A couple of weeks after the confrontation, the 420 was raided by the DEA and its doors have been closed since.

The raid and the increased awareness about the dangers of bath salts, Smith said, have been a good thing for the Batavia community.

"It has really helped our community," Smith said. "Like I said, it’s harder for these people to find it and it pushes them to get clean quicker. Overall, I think our community is doing much better."

In general, Smith said, her brother's outlook has improved, he's much less paranoid -- though some paranoia lingers -- and he has a better grasp on reality.

She said it's good to have her bother back.

With the Lang family getting so much media attention in July, Gov. Andrew Cuomo's office invited Smith to be part of his press conference in Buffalo earlier this month to announce new penalties in New York for the possession and sale of "bath salts."

Smith said it was a real honor to be included and get a chance to share with people about what the now-banned substances have done to her family.

"Unfortunately, we’ve had to live through it, but it has been a learning experience," Smith said. "I’m thankful for each person that I can maybe give some advice to and help them because we have been through this. Unfortunately, we had to live through it but I think by going through it, it makes us stronger and we’re able to help more people."

Accused of a trespass violation, Nicole Lang entered Batavia City Court today with hands trembling, nervous about her pending case but adamant she did nothing wrong July 11 when she was accused of trespassing at The 420 Emporium.

Lang went into the store and accused an employee of selling bath salts to her son, Jason Lang.

Because police believed Lang had been ordered from the store and chose to reenter, she was given a citation for alleged trespassing.

Today, Judge Michael Del Plato, on the recommendation of the District Attorney's Office, dismissed the charge with the stipulation that Lang not be re-arrested within the next six months.

Lang has no prior criminal history.

Outside court, Lang said she was very happy about the turn of events.

Del Plato also issued an order of protection, requiring Lang not to have contact with the employee who filed the trespass complaint, Joseph Wesley.

The 420 Emporium was raided by the DEA on July 25 and has not opened its doors since. The location at 400 Ellicott St., Batavia, is apparently owned or co-owned by Joshua Denise. Denise was arrested during the DEA raid.

Jason Lang, the onetime owner of the Laughing Buddha on Ellicott Street, is scheduled to appear in Town of Batavia Court today on charges related to his alleged attempt to call the 420's landlord and suggest he was with the State Police and warn the property owner that the 420 allegedly sold synthetic marijuana.

We'll have an update on Jason Lang later today.

It's time for the State Legislature to pass legislation dealing more forcefully with the rise of synthetic drugs in New York, Batavia City Council members said on Monday.

City staff will draft a resolution for the council to vote on at its next meeting, encouraging Albany to expand the penal code to make the manufacture, sale and possession of designer drugs a crime with the same penalties as any other controlled substance.

Some on council wanted to know why the city couldn't enact is own tough, local law, but City Attorney George Van Nest explained that's easier said than done.

"The state has determined that this should be addressed under state law," Van Nest said. "There's that issue, that if the city chose to go above and beyond that, it would be preempted by state action.

"There's also a matter of complexity," Van Nest added. "As the materials indicate, this is a very complicated matter. For city staff to sit down and to try and draft and articulate a statute that's going to stand up in court, withstand challenge, is not going to be an easy undertaking."

Last week, the governor's office announced an emergency order banning the sale and possession of a wide range of synthetic drug compounds, including substances that act like controlled substances.

But breaking this law is only a violation. The maximum criminal penalty under the law is a $500 fine and 15 days in jail.

Councilwoman Rose Mary Christian noted that DEA agents seized about $750,000 from the reported owners of The 420 Emporium chain in raids on July 25, which is quite a bit of money compared to a $500 fine.

Incorporating sale and possession into penal law would mean defendants could face a year in jail for a misdemeanor or several years in prison for a felony conviction (depending on the how much of the substance a defendant possessed).

City Manager Jason Molino shared a report with council members that said from around May 1 (the approximate date The 420 Emporium opened in Batavia) until July 25 (when the DEA raided the store (and it's been closed since)), Batavia PD handled 35 to 40 calls for "bath salts" related incidents.

Since July 25, Batavia PD has handled no such calls.

During the course of those three months, seven individuals were identified as alleged bath salt users.

"That doesn't mean there couldn't have been more, but we didn't have contact with them," Molino said.

"Bath salts" has become a generic name for a range of products that, despite their "not for human consumption" labels, are often snorted, injected or inhaled in order to provide the user with a stimulant-type of high or hallucinations. The chemicals used have nothing in common with substances commonly added to hot water to provide a relaxing bath.

Because the manufacturers of these chemicals change the compounds as quickly as state and federal officials can ban them, it will take a more comprehensive piece of legislation from Albany to effectively deal with the synthetic drug trade in New York.

The bath salt epidemic in Batavia seems to have subsided over the past couple of weeks.

Law enforcement and health officials across the board report fewer emergency responses that appear related to the use of bath salts by local residents.

Whether the decline in known usage is related to the closure of the 420 store at 400 Ellicott St., Batavia or some other factor is unclear.

In a report prepared yesterday by the Genesee County Health Department, a UMMC nurse manager is quoted as saying there were six bath salt patients admitted to ER in the middle of July. In the two weeks prior to Tuesday, there was one bath salt case in ER.

Michael Merrill, chief medical officer for UMMC, who told The Batavian on July 16 that emergency room cases related to bath salts had become routine, confirmed today that the hospital has seen no new bath salt cases for close to two weeks.

"The easy supplier in town is gone and now the supply is gone," Merrill said.

The drop in synthetic drug-related calls could also be a result of increased awareness by potential users of how dangerous the drugs are, officials said, and the fact that some of the people who seemed to have been involved in bath salts during the height of the seeming barrage of bath salt-related emergencies are now in jail.

"I think the people who wanted to experiment have seen all the negative things that this does and might not want to experiment (now)," Det. Rich Schauf said. "Maybe they had the thought that this might be something to do because it’s legal and then they saw that it's something that’s very harmful, and it got a lot of publicity, it might cause somebody to say, 'I’m not going to harm myself with it.' "

Synthetic drugs have been a growing problem across the nation over the past couple of years and on July 9, the federal government enacted more stringent legal controls on the sale of the substances.

Following the new legislation, the federal Drug Enforcment Administration was lead agency in raids in about 100 cities across the U.S., including Batavia, on establishments suspected of selling synthetic drugs.

Just prior to the raids, The Batavian reported that regionally, communities with emergency responses for suspected synthetic drug incidents were those communities that seemed to have an alleged local supplier of the drugs. Law enforcement officials in areas without an alleged local supplier reported seeing far fewer synthetic drug-related problems.

Users of synthetic drugs tend to display paranoid and agitated behavior, sometimes hallucinating, or they suffer sever medical problems such as high body temperature and seizures, creating both public safety and public health concerns.

Steve Sharpe, director of emergency communications for the Sheriff's Office, said without more data -- and two weeks is too little data -- he thinks it's too soon to say for sure whether usage is down.

He did report, however, that no new calls have been documented in the county outside of the City of Batavia since Aug. 1.

Officer Eric Hill is quoted in the health department report as saying Batavia PD was receiving two or three synthetic drug-related calls per shift, which would mean six to nine calls per day. 

The call volume, Schauf said yesterday, has dropped significantly in recent weeks.

The county health department has received one complaint about the possible sale of bath salts since July 25, when The 420 Emporium was raided. A citizen turned in an empty "Eight Ballz" packet that was allegedly purchased locally on July 26 or 27.

The 420 store remains closed, though its shelves are still stocked with glassware inventory and on the chain's Facebook page for the Brockport location an Oakfield resident asked about the Batavia store and an admin for The 420 Emporium page replied, "No the Batavia store is not open yet."

Joshua Denise, who appears to be the owner (or at least co-owner) of the Batavia store, was arrested during the DEA raid. He is out of federal custody pending further legal proceedings.

Schauf said the Batavia PD continues to remain alert for possible reports of synthetic drug sales in the city and there's no assumption the problems associated with synthetic drugs have passed.

"Somebody who wants to find it will find it," Schauf said. "If there’s a demand, somebody will say, 'there’s a demand' and they’ll try to sell it."

Local officials welcome new NYS Health Department regulations cracking down on the sale and possession of synthetic drugs, but also say the new rules are no substitute for aggressive legislation from Albany.

Gov. Andrew Cuomo made three stops across the state today to announce new rules against drugs he deemed more dangerous than crack cocaine or methamphetamines or heroin.

“It is a new face on a very old enemy. It’s an enemy that we fought decade after decade. The enemy is drugs, and it’s an ongoing battle. When you beat one manifestation of the drugs, it comes back in another form, sometimes more virulent.

But whether it’s crack cocaine or methamphetamines or heroin back in the old days, this is just the newest explosion of that old enemy. And in some ways it’s more dangerous and it’s more insidious, because this wasn’t sold in a back alley. This wasn’t sold on a street corner. This isn’t sold in the shadows. This is sold in broad daylight, over the counter in stores all across this state and across this nation.”

Unlike a previous health department ban on synthetic cannabinoids, which allowed only for civil penalties, the new emergency regulations give local police officers the power to arrest people found in possession of banned substances.

If convicted, a person caught selling or possessing one of the banned substances could be fined $500 or serve 15 days in jail, and while the new regulation (PDF) allows for multiple penalties for a shop owner caught with several packages of drugs, District Attorney Lawrence Friedman said he's concerned the new rules won't have the desired effect.

"When you consider the harm that we know is caused by these substances, I would like to see more teeth in the law," Friedman said.

When The 420 Emporium stores, along with the residence of the owner(s), were raided by the DEA on July 25, agents recovered more than $700,000 in cash.

Friedman said thinks the penalties need to be harsher than just a $500 fine, even if the fine and jail time can be strung together.

Sheriff Gary Maha expressed some of the same reservations.

Maha urged the Legislature to pass a bill that would make the sale or possession of synthetic compounds a violation of the law under the state's penal code, rather than just a violation of the public health law.

"This appears to be a 'Band-Aid' approach until the legislature enacts such legislation," Maha said. "It helps, but is not enough."

The new regulation bans a dozen specific compounds associated with the type of synthetic drug commonly known as "bath salts." 

While the state has already listed some "bath salt" compounds as controlled substances, the state doesn't have a comprehensive "analog" law (a law that bans substances that are the same or similar to already illegal controlled substances).

The new regulation does specifically cover analogs of banned substances. It also covers a wider variety of the more than 450 known synthetic cannabinoids.

While the regulation specifically states employees of stores selling such products can be prosecuted, the store owners (anybody with an ownership interest in the store) are also held to criminal liability even if not present at the time of sale.

Besides the fine and jail time, a store owner could lose his business.

Batavia PD Chief Shawn Heubusch wasn't available for comment today, but City Manager Jason Molino said the health department's new regulations were a topic on conversation today in a meeting between city staff and the county health department.

Molino said that while the new law seems to lack teeth, it is a step in the right direction.

He also pointed out that tonight is National Night Out and several neighborhoods in the city are actively participating, including the neighborhood around Pringle Park, which organized its own event this year.

"When neighborhoods get together, that is your more powerful enforcement tool," Molino said.

Inset photo: File photo.

Joshua Denise, the 37-year-old Batavia resident who was identified in a U.S. Attorney press release and in a federal search warrant affidavit as an employee of The 420 Emporium appears to be at least co-owner the the store at 400 Ellicott St., according to documents obtained by The Batavian.

While working on a story Monday about how other locations of The 420 Emporium have apparently reopened while the Batavia store remains closed, The Batavian stopped by the location to take pictures of the store and check for signs of activity.

The mail had apparently not been picked up in a couple of days and clearly visible in the mailbox was an envelope with a return address for New York Taxation and Finance addressed Joshua Denise c/o The 420 Store, LLC.

The 420 Store, LLC was filed with the Secretary of State on Feb. 16, 2012.

This is a separate incorporation from The 420 Emporium, Inc., filed Aug. 29, 2011.

The Batavian then issued a FOIL request with the Batavia Fire Department for any fire inspection documents.

Denise signed the inspection notice as "owner/occupant" of the business location.

A FOIL request was also sent to the Genesee County Department of Health for any inspection records. 

Denise is listed on those documents as "co-owner" of "420 Emporium," 400 Ellicott St.

Federal authorities, assisted by local law enforcement, raided the store July 26 as part of a larger operation hitting all five 420 Emporium locations and arrested Denise along with Michelle Condidorio, 30, of Le Roy.

Both Denise and Condidorio were arraigned in federal court that day and charged with possession with intent to distribute, and distribution of, a controlled substance analog.

They are suspected of selling packages of a product that contained alpha-PVP, a chemical that is an analog to MDPV. MDPV became a controlled substance on July 9. The substances are believed to provide an euphoric type high and be addictive. Side effects seem to include paranoia, hallucinations and agitation.

While Denise and Condidorio were not held by authorities following arraignment, the store has not reopened.

Meanwhile, the 420 stores in Brockport, Fulton and Henrietta have, according to sources, reopened.

The Brockport store has advertised job openings at its location on its Facebook page.

Charles Darwin Fitzgerald is listed in DEA documents as well as the incorporation papers as the owner of The 420 Emporium.  His live-in girlfriend, Amber Snover, has proclaimed herself on Facebook as the owner of the stores in Brockport, Rochester, Henrietta and Fulton.

The feds also searched the Fitzgerald/Snover home in Greece, and reportedly recovered a large bag of cash, but neither subject has been charged with a crime so far.

In an inspection of the 420 store in Batavia on May 31, Denise allegedly told a county health worker that his store didn't sell synthetic cannabinoids.

The health technician reported the following items were on sale: herbal incense brands of "Kryptonite" as well as items labeled "Rain of Fire," "Fuzzy Wuzzy," and "Kush 10x."

Kryptonite herbal incense can be found for sale on what appear to be online head shops and there is at least one YouTube video of a person allegedly smoking a substance of the same name.

"Rain of Fire," "Fuzzy Wuzzy," and "Kush 10x" are all reported on at least one Web site as a form of alleged synthetic cannabinoid.

The health technician issued to Denise a notice that day that the state had banned synthetic cannabinoids of all types.

On July 2, the County Health Department also cited the 420 Store for selling tobacco products that were not either behind the counter with only employee access or in a locked case.

Denise didn't contest the citation and paid a $350 fine on July 16.

The business was also found allegedly to be in violation of city fire codes on July 16, such as accumulation of trash in the back room, a hole above the back door that needed to be properly repaired, lack of properly located fire extinguishers, lack of outlet covers and no exit sign above the rear exit.

There's no indication whether these alleged violations were resolved or are still pending.

Following the dedication ceremony at the new Muller Quaker Dairy plant at the Genesee Valley Agri-Business Park, Batavia, Gov. Andrew Cuomo met with local and regional reporters to answer a variety of questions.

WHAM13's Sean Carroll and I both wanted to ask about synthetic drugs.

Carroll asked what action citizens can expect Albany to take on the issue and Cuomo replied, "We’ve taken action. I think we have to take more action. It is a problem that is literally exploding. I have been talking with the legislature and we’re going to be taking further aggressive action in the near future."

Next question, why has New York been unable to pass a bill banning analogs to controlled substances such as Kansas, Colorado and New Jersey, among other states, have done?

Cuomo's first response was, "talk to the Legislature."

He then added, "The Department of Health already issued a ban and I'm working with legislature to get even stricter legislation."

I pointed out that after the health department ban, the bath salt problem in Batavia only got worse. The ban seemed pretty ineffective.

"A ban against sale is a sweeping measure and that’s what this ban is," Cuomo said. "We banned the sale of bath salts. The problem is continuing to grow and I’m working with the legislature on having an even more aggressive piece of legislation, which I hope to have next session."

Would that mean an analog bill?

"I'm working with legislature to get the most aggressive, strictest bill that we can get," Cuomo said.

I then asked him, going after the sale of controlled substances is one approach, but some drug treatment experts suggest more needs to be done on the user abuse side, getting people more aggressively into treatment.

Here's Cuomo's answer: "This nation has fought the sale and use of drugs for generations now, right? You have to attack both sides. You have to try and limit the supply and then you have to limit the user. You have to enforce the laws. It’s public safety. And try to stop the source and supply and we’re trying to both."

With rain threatening most of the afternoon, the turn out for the anti-bath salt rally at L&L Transmissions was less than organizers hoped, but still, more than 30 people joined in the event. People had a lot of fun taking whacks at the "your brain on bath salts" van.

The event was hosted by Affliction Ink, CPR (Computer and Phone Repair) and L&L Transmissions.

Reminder, the "Let's Beat Bath Salts" rally is tomorrow (Saturday) from 11 a.m. to 4 p.m. at L&L Transmissions, 8781 Alexander Road, Batavia.

Sponsors for the event are:

An employee of a smoke shop on the Tonawanda Indian Reservation was charged in federal court today for allegedly selling synthetic marijuana and bath salts.

Tiffany E. Greiner, 22, of Akron, was arraigned in federal court in Buffalo on a single count of conspiracy and possession with intent to distribute a controlled substance analog intended for human consumption.

The charge carries a maximum penalty of 20 years in prison or a $1 million fine or both.

According to the U.S. Attorney's Office, Greiner was employed as a sales clert at the Sacajawea Smoke Shop in Basom.

The charge stems from a lengthy investigation by the DEA involving sales of synthetic marijuana and bath salts that resulted in numerous search warrants being served at various shops on the reservation in February.

The criminal complaint alleges that Greiner sold quantities of "Sexy Monkey" and "Alien Incense."

The substances are allegedly analogs to controlled substances and the government is accusing Greiner of knowingly selling the products for human consumption to undercover agents.

The Genesee County Sheriff's Office assisted in the investigation.

Yesterday our story on the raid at The 420 Emporium contained information from an affidavit we obtained that had been filed in support of a search warrant request.

It turns out, that affidavit came out of the Northern District of the U.S. Attorney's Office. Today, we obtained a copy of the affidavit from the Western District, which includes Batavia, Brockport and Rochester.

Below is some of the information that is specific to the WNY affidavit, presented in the order it appears in the affidavit, omitting information covered in the previous affidavit and concentrating on items relevant to Batavia:

• Product obtained at the stores allegedly contained controlled substance analogs known as alpha-PVP, Pentedrone, MPPP, UR-144, and AM2201.
• The first undercover purchase was May 10 at the Brockport store. The agent inquired about "Snowblind" and "Rave." The agent paid $60 for the products and left. Tests showed the products allegedly contained Pentedrone.
• On July 19, an undercover agent again entered the Brockport store and noticed packages of synthetic marijuana were no longer available. The agent inquired about a product called "Da Bomb." A clerk reportedly said the store did not carry the product anymore because it had been outlawed. A second clerk said the problem was the packages didn't contain a surgeon general warning and the first clerk allegedly said that somebody would "repackage that shit in like a month or two and send it back out, you know that," and the second clerk added, "You know it's going to be the same companies, different name."
• The first alleged controlled purchase by agents in Batavia was July 2. Two undercover agents entered. The first agent inquired about Amped, Pump-It and Spice. A store clerk allegedly said the Batavia location was out of Pump-It but the Rochester store might have it. UC-1 asked if a different synethetic cannabinoid had the same watermelon flavor as "Mr. Happy." The clerk allegedly said that was like "comparing apples to oranges." The UC asked for a recommendation and the clerk said she could not recommend anything, saying "people like what they like." The agent reportedly recognized face-down packages of Amped on the counter, so asked if there was any Amped available. The agent purchased one package of Amped for $65.
• The second agent requested a synthetic cannabinoid known as "Purple Haze." The agent said one of the product made his girlfriend's stomach sick and asked what product might make someone's stomach sick. The clerk said she didn't know and added that the product was not supposed to be used for human consumption. The clerk then sold the agent a package of "Purple Haze" for $21.60. The affidavit notes that agents made it abundantly clear they intended to use products for human consumption and the female clerk was reluctant to talk about it.
• On July 16, two undercover agents entered the Batavia store. The first agent asked for a packet of Snowman and the clerk said the store was out of it. "The clerk further stated the brands Rave and Snowman tested positive in 'field test,' " the affidavit says. "When asked if they had anything like it the clerk said he could not lead the agent in any one direction, but then, in a not-so-subtle fashion, displayed an empty packet of Amped." The agent said he had taken "Amped" before and tried to purchase one package for $54. When the agent couldn't produce ID, the other agent allegedly made the purchase.
• The second agent then inquired about G-13. The clerk said the product was illegal. The agent asked if any was still in stock and the clerk allegedly responded that they had "Da Bomb" and "WOW" in stock. The first agent then said, "we need papers." The clerk said he could not sell the product and papers in the same purchase "because I have to assume it is going to be consumed," allegedly adding, but "you can go outside and come back." Agent one allegedly made the synthetic cannabinoid purchase, left the store while the second agent waited, returned 10 seconds later and bought papers. 
• During the July 16 undercover buy, the clerk advised the agents 420 Emporium had been in the news recently about bath salts. The clerk allegedly explained that he would only get into trouble if he sold bath salts for human consumption.
• The Amped was not being kept in plain view, the agent notes in the affidavit. A sign read, "All products are intended for their legal purposes only. Any mention of illegal activity will not be tolerated. Thank you."
• During an alleged buy in Rochester, a clerk reportedly told an agent that there were 16 remote cameras in the store that were monitored by the owner from his home.
• The affidavit notes that the Batavia store had been subject of multiple police reports from concerned citizens and community activists. The report makes note of, but not by name, the arrest of Nicole Lang for alleged trespassing. The incident spawned increased media attention on the store and led to a protest at the location, the affidavit notes.
• Michelle Condidorio, Joshua Denise and Austin Szczur are all named in the affidavit as suspects for arrest.

Raids conducted in 109 cities around the United States yesterday were the result of local law enforcement asking for help in dealing with an exploding synthetic drug problem, the head of the Drug Enforcement Adminsitration said today during a press conference in Washington, D.C.

"There was an outpouring of requests to the DEA from chiefs and sheriffs throughout the country asking for our help," said DEA Administrator Michele M. Leonhart.

The press conference was carried live on DEA's website.

While there is work to be done to cut off the supplies of synthetic drug chemicals from China and other parts of Asia, it was the pleas for help from people in the United States that prompted the DEA to lead the first-ever nationwide crack down on the synthetic drug trade, called "Operation Log Jam."

"In this first take down, we wanted to go after the locations that are most impacting our communities," Leonhart said.

Operation Log Jam was a combined effort by the DEA, Immigration and Customs Enforcement (ICE), with assistance from the Internal Revenue Service Criminal Investigations, U.S. Postal Inspection Service, U.S. Customs and Border Protection, the FBI, Food and Drug Administration’s Office of Criminal Investigations, as well as countless members of state and local law enforcement.

In total, 91 people were arrested, more than 4.8 million packets of synthetic cannabinoids (ex. K2, Spice) and the products to produce nearly 13.6 million more, were seized. Agents also confiscated 167,000 packets of synthetic cathinones, "bath salts," and the products to produce an additional 392,000 packets.

Of course, part of Operation Log Jam was the raids on The 420 Emporium location in Batavia, as well as the other four stores in the chain and the home in Greece of the stores' owner(s).

The operation was the largest of its kind in the history of the DEA, Leonhart said.

Previously we published a story looking at the communities that had head shops alleged to be selling synthetic drugs and those villages that had no such establishment.

As part of the process, we requested an interview Brockport Chief of Police Daniel Varrenti -- several times. At one point, we got the message back that he was out of the office until Thursday.

Yesterday morning as I stood outside The 420 Emporium on Ellicott Street, Batavia, and knew the same sort of raid was taking place in Brockport I thought, "ah, this is why the chief didn't want to talk to me until Thursday."

This morning, Varrenti apologized for not getting back to me. He was in fact concerned about discussing The 420 Emporium prior to the raids.

This morning while awaiting my own appearance on "Kimberly and Beck" radio show on "The Buzz," I heard a Brockport resident talk about how many people in the community there were concerned about the 420 allegedly selling bath salts and that just like in Batavia, dozens of people drove down Market Street yesterday cheering on law enforcement during the raid.

Varrenti confirmed this morning that there were people in the community concerned that the 420 might be selling synthetic drugs and were requesting police action. He said, however, as a law enforcement issue, his officers did not handle many calls similar to what we've seen in Batavia involving bizarre and violent behavior.

There were calls, he said, involving bizarre behavior, but it was never established that they were related to bath salts.

His officers, he said, weren't necessarily looking for a connection to bath salts.

"I know I've read reports where people might have denoted some psychological problems, but we do not know if it was the result of synthetic drugs," Varrenti said.

"How do we know we haven’t come across 20 of these things, but because there was no law broken all we’re going to do is bring in the person to be evaluated for (his or her) mental health and we’re never going to know what the problem was," Varrenti added.

Varrenti said as a 33-year veteran in law enforcement including more than a dozen years as a narcotics detective, many people in the community know him as an expert in narcotics.

"If I'm a quasi-expert in anything," Varrenti said. "It's narcotics."

With that background, people were looking to his department especially to do something about the perceived problem at the 420.

"Why can't you take care of this problem we have here?" Varrenti said people would ask him.

"It's very difficult because these investigations take a long time," Varrenti said. "We don't want to lock up the clerk behind the counter. We want to get to the distributor or the importer. I'm not a patient person by nature and I can only imagine what it's like for a member of the community who has a family member (who is using bath salts), and we've gotten those complaints."

In one of the affidavits used to secure search warrants for yesterday's raids,* community complaints in Brockport are used as a justification for the search.  Varrenti provided DEA agents with an email from a community member who said "it is killing our children" and implored Brockport PD to do something about it.

*NOTE: There were two affidavits used for search warrants yesterday, one for the Northern District of the U.S. Attorney's Office and one for the Western District.  Yesterday, we only had the Northern District affidavit. Today we obtained the Western District affidavit, which is full of information specific to Batavia that was not in the Northern District affidavit. In a separate post later today we'll share information from that affidavit.

Michelle Condidorio	Joshua Denise

The three clerks employed by The 420 Emporium and arrested Wednesday by federal agents have already been arraigned on charges that could send them away for as much as 20 years.

But with an investigation that's still pending and boxes and boxes of evidence to sort through, the defendants may yet find more charges piled on.

Authorities are especially interested in hearing from any potential witnesses who may have purchased synthetic drugs from the clerks, later ingested them and wound up in the hospital as a result.

The sentencing guidelines for people convicted of selling a controlled substance or its analog that leads to serious bodily harm requires a mandatory minimum of 20 years in a federal penitentiary.

"The judge has no choice," said William Hochul, U.S. Attorney for Western New York, during a press conference in Batavia on Wednesday evening. "You have to go to jail for at least 20 years and up to life imprisonment. As we’ve indicated in court, we believe that there is a possibility of that kind of sentence in this kind of case regardless of whether we proceed under the Analog Act or Title 21."

Taken into custody Wednesday were Joshua Denise, 37, a Batavia resident, Michelle Condidorio, 30, of Le Roy, and Austin Szczur, 22, of Rochester.

Denise and Condidorio are believed to have been employed at The 420 Emporium's Batavia location and Szczur reportedly worked in Brockport.

All three are suspected of selling packages of a product that contained alpha-PVP, a chemical that is an analog to MDPV. They are charged with possession with intent to distribute, and distribution of, a controlled substance analog.

MDPV became a controlled substance July 9 when President Barack Obama signed into law an act to ban a wide range of chemicals that are believed to be used in the synthetic drug trade.

An analog of a controlled substance is a chemical that has the same or similiar effect on a person as an illegal drug and was sold with the intent of human consumption.

"This stuff in the DEA’s eyes is just as bad as methamphetamine, cocaine, heroin," said James Burns, assistant special agent in charge for the DEA. "When you’re charging $60 for a 3-gram pack of some of this stuff and it’s labeled glass cleaner or plant food or bath salt, I mean that raises a red flag with me.

"It should raise a red flag with any rational individual because we all know you can go down to the five-and-dime and buy a box of bath salts for far less than 60 bucks, or a bag of potpourri for far less than what these substances are being sold for."

The alleged sale of these synthetic drugs appears to have been quite lucrative for Charles Darwin Fitzgerald, who is the owner of The 420 Emporium chain of five stores, according to federal authorities, and his live-in girlfriend Amber Snover, who has proclaimed herself the owner, on Facebook and in a public meeting, of at least four of the stores.

The couple's home at 21 West Hills Estate in Greece is worth at least $224,000.

Authorities say they recovered more than $700,000 in cash from the six locations raided by law enforcement Wednesday.

Authorities displayed potato-sack-sized bag of cash at the press conference, stuffed full of bundles of cash in denominations from $5 to $100.

Investigators said they couldn't publicly indentify at this time which location that bag of cash was seized from, but news reporters on the scene of 21 West Hills Estate yesterday said they saw officials carrying a large sack of cash from the Fitzgerald/Snover residence.

Neither Fitzgerald nor Snover were arrested Wednesday and so far are facing no federal charges.

They are free to reopen all five of their stores today. 

All of their employees who were arrested were released from custody following their arraignments.

Officials reportedly, however, seized all of the computer and electronic communication devices in the possession of Fitzgerald and Snover, including mobile phones.

The search warrant also reportedly allowed authorities to seize any written records.

With the investigation still pending, DEA agents will presumably be looking for evidence that connects Fitzgerald and Snover to knowledge of actual sales to the public or possession of a controlled substance.

According to a search warrant affidavit, the owner or owners of the 420 were able to monitor activity in the stores via remotely operated cameras.

Burns said the only reason people sell synthetic drugs is to make money.

"Even though something is called legal doesn’t make it safe," Burns said. "These are chemicals that have never been tested on either animals or humans.

"We have no idea what the long-term effects of these substances will be, and trust me ladies and gentlemen, the folks who are selling these substances and manufacturing this stuff, they’re not in it for humanitarian reasons or altruistic reasons. That (Burns pointed to the bag of money) right there is why they’re selling thses substances."

Local and state law enforcement officials spoke to the problems synthetic drugs are causing in neighborhoods and said they have presented a serious public safety hazard and difficult law enforcement problem.

"They’re manufactured in so many different ways you don’t know what's in the contents of these packages until you actually go and test them," said Major Christopher Cummings, Troop A commander, State Police. "You don’t know the reaction that can occur when a person consumes (these products) so it makes it difficult at our level in trying to address this situation.

"Some of the drugs in these packets here may be a controlled substance under New York State penal code, but then again they may not. Our federal partners are critical in addressing this fast-moving situation that we’re in."

Hochul praised the community support in alert law enforcement to what was happening with bath salts in their neighborhoods and said that law enforcement will continue to need community support if the potential damaging effects of illicit drugs is to be minimized.

"We in law enforcement will never be able to arrest our way out of any narcotics problem, including synthetic drugs," Hochul said. "I think with the public’s assistance in identifying (the availability of) these substances in these packets as being sold in the community then they can at least help to identify targets for us."

Lt. Jim Henning, Batavia PD, said the community cooperation and support as the bath salt problem seemed to spread throughout the city in recent months has been tremendously helpful.

"It’s very reassuring when the majority of your community realizes the danger that these drugs pose to the entire community," Henning said. "We’re just extremely happy with the events that took place today in our community because we realize on a daily basis the effect it has on our community and on our citizens."

A 30-something woman walked out of the 420 Emporium at 400 Ellicott St., Batavia, this morning and told a police officer standing near the door, "Well, I picked the wrong day to come here."

Minutes before, at precisely 11:30 a.m., law enforcement officers from multiple agencies and led by an agent from the federal Drug Enforcement Administration swooped into the head shop and executed a search warrant aimed at finding evidence of illegal synthetic drug sales.

Two people believed to be employees of the 420 Emporium were taken into custody and four boxes of product marked "DEA Evidence" were removed from the store.

The raid was an apparent coordinated effort by DEA agents throughout the United States to go after the distributors of "bath salts" and other synthetic drugs.  News reports from around the country so far report bath salt-related raids in Boston, Albuquerque, Tampa, Texas and Utica.

The 420 shops in Brockport and Fulton were also raided as was the home of Charles Fitzgerald and Amber Snover at 21 West Hills Estate, Greece (mailbox, inset photo, courtesy Sean Carroll, WHAM13).

A warehouse in Tonawanda was also raided and WIVB reports it was allegedly a major distribution point for synthetic drug-trafficking throughout Western New York. Fawzi Al-Arashi was arrested at his Amherst home in connection with that raid.

The names of the two people taken into custody in Batavia this morning have not been released, nor do we know yet what federal charges they might face. They were transported to Rochester federal court for arraignment.

Authorities at the scene of the raid were not able to confirm what substances, if any, were found. We can only report that investigators -- which included agents of the Local Drug Enforcement Task Force and the State Police -- were inside the shop for two hours. DEA agents entered with flat, folded boxes and left with boxes seemingly packed to the brim of items retrieved from inside the store.

One male believed to be an employee of the store was inside at the time of the raid. A second woman showed up about 12:45 p.m. and spoke briefly with a trooper outside the shop, giggling nervously and saying she came by "to see if I still had a job."

Less than two minutes after she entered the shop she was sitting in a chair with her hands cuffed behind her back.

The same woman had been in the shop and behind the counter seemingly waiting on a customer when a reporter from The Batavian entered the store on July 17.

While Batavia PD were on scene, numerous members of the community drove by the location on Ellicott Street and honked, gave thumbs up and yelled "good job" at police officers.

"It’s very nice to see the community is supporting the efforts that we are doing here today," said Chief of Police Shawn Heubusch.

Heubusch said the DEA enforcement effort was indeed a welcome one for the community.

"This is a big relief for the City of Batavia as a whole," Heubusch said. "The residents in this community have been plagued by a problem with bath salts. To see this effort, to see that the federal government has noticed this, it is a very big relief to the residents of the city and the police department."

Asked if it felt like it took awhile for DEA to act at a time when current laws kind of tie the hands of local law enforcement, or if the DEA action seemed swift, Heubusch said, "The old saying ‘good things come to those who wait’ applies here. As with any criminal action, you need to get all of your ducks in a row and make sure you’re on good legal solid ground. I think they acted swiftly in this case."

The actual investigation into 420 Emporium appears to have taken about two-and-a-half months, according to an affidavit filed in federal court in support of a DEA request for a search warrant.

The affidavit states that a confidential informant helped supply information about the operation of the 420 shops, the practices of its owner, identified as Charles Darwin Fitzgerald, and supplied possible evidence to agents.

According to the affidavit, Fitzgerald was previously involved with the Look A Hookah shop in Rochester and that the informant has witnessed Fitzgerald provide synthetic drugs to people to sample and test so he could determine the effect on the people and the effectiveness of the product.

Fitzgerald is reportedly romantically involved with Amber Snover and they have at least one child together and both reside at 21 West Hills Estate in Greece.

Fitzgerald is identified as the sole owner of the 420 locations in Brockport, Fulton, Rochester, Henrietta and Batavia.

The affidavit focuses on two types of "Amped" allegedly sold at the 420 stores. 
There is an older product that is a white powder and a newer product that is an off-white powder. Both products are allegedly distributed by a company out of Tempe, Ariz., called Dynamic Distribution.

DEA agents intercepted two shipments headed to Rochester. Allegedly, one was specifically addressed to "Amber" at 21 West Hills Estate. (The phone number associated with the shipment is one digit off, with a an "8" where a "3" should be for the number The Batavian used to request an interview with Amber Snover earlier this week.)

The second box allegedly listed the same recipient as the first box and notes the second box required a COD payment of $23,500.

The first box weighed 22.9 pounds and was allegedly shipped from John Freeman, 3360 Annapolis Lane North, Suite A, Plymouth, Minn. 

The DEA requested and received a search warrant in order to seize the packages.

Inside, agents allegedly found 2,000 grams of "Amped Exuberance Powder," 500 grams of "White Water Exuberance Powder" and 495 grams of "Snowman Glass Cleaner."

A lab test allegedly found the Amped contained alpha-PVP, benzocaine and caffeine, and those same substances were allegedly found in the other products as well.

Alpha-PVP is apparently an analog (something like -- and under the Federal Analog Act like enough to -- a controlled substance that it's illegal to sell) of MPDV, which was made a federally controlled substance July 9 and has been a controlled substance in New York for nearly a year.

Over the past two-and-half months, according to the affidavit, agents have made a series of undercover buys at all five 420 locations.

During the undercover operation, agents noticed each of the 420 locations had security cameras that the DEA believes allowed a person at a remote location to monitor activities at the stores.

Undercover buys of Amped were allegedly made in Brockport and Batavia on July 2 and July 3.

At other 420 locations, clerks are alleged to have detailed conversations with undercover agents about the use of specific synthetic drugs, including Amped.

Bottom photo, 21 West Hill Estate in Greece, the residence of Charles Fitzgerald and Amber Snover. Photo courtesy Sean Carroll, WHAM13.

The 420 Emporium on Ellicott Street in the City of Batavia was just raided by the local Drug Enforcement Task Force, agents of the federal Drug Enforcement Administration, the Batavia Police Department, and State Troopers.

UPDATE 11:56 a.m.: This is one of a handful of raids being conducted in Central and Western New York at locations suspected of selling bath salts. Howard, who is on scene, says that when this went down neighbors came out and cheered the officers on, and one person shouted "We've waited a long time for this!"

UPDATE 12:03 p.m.: A few minutes ago, City Councilwoman Rosemary Christian drove by and yelled "Fantastic!"

UPDATE 12:07 p.m.: Any charges resulting from this raid will be federal.

UPDATE 12:57 p.m.: An employee showed up to work at the store and was immediately arrested.

UPDATE 1:21 p.m.: All units are clear from this location.

In an apparent attempt to intimidate news reporters from covering the activities of her stores, the woman who has identified herself online as the owner of at least four outlets of The 420 Emporium contacted law enforcement on Monday and accused The Batavian's publisher of harassing her.

A police officer with the Greece PD contacted Howard Owens at 9:18 p.m., Monday, and ordered him to not have further contact with Amber Snover.

Snover was the subject of a story on The Batavian on Monday identifying her as the self-proclaimed owner of 420 shops in Brockport, Fulton, Henrietta and Syracuse.  It's unclear if she also owns the Batavia store at 400 Ellicott St.

When contacted via phone on Monday, Snover denied ownership of all five locations and Owens followed up with a text message question and an exchanged ensured in which she accused Owens of harassing her even though it was his first contact with her.

Owens, who had identified himself clearly on the initial call, informed Snover further via text that he was a reporter with legitimate questions.

When Owens told the Greece PD officer the same thing, the officer told Owens he had no right to contact Snover, that she was "alarmed and annoyed" by the contact and that if he contacted her again "we will issue a warrant for your arrest."

The Public Information Officer for the Greece PD, Capt. Steve Chatterton, said today the contact by the officer was a typical courtesy call placed by a police officer at the behest of an individual who wanted to request no further contact.

Chatterton said no police report was taken and no charges are pending. He said if Owens felt obliged as a journalist to seek an interview in the future with Snover, an arrest warrant would not be automatic. He said the circumstances of the case would be reviewed with the Monroe County District Attorney's Office before deciding how to proceed.

In early 2011, a 17-year-old boy entered a head shop in Salina, Kan., and purchased a package of chemically laced potpourri.

The teen went home, smoked what he apparently believed was synthetic marijuana and suffered a seizure. He was taken to a local hospital where he slipped into a coma.

While the boy survived the experience, the case and related events illustrate a few points about synthetic drugs.

• The chemists who make them are always trying to stay one step ahead of controlled substance bans.
• The chemists who make them demonstrate little concern about the safety of the products they produce.
• Even when a substance used in the manufacture of a synthetic drug isn't specifically banned at either a state or federal level, there are laws on the books to help authorities go after the producers and sellers of these compounds.

The 42-year-old shop owner, Eric Srack (in photos above), was eventually arrested. He was convicted in September 2011 of selling a substance that was an analog to (mimics the effects of) a controlled substance. Later, he entered a guilty plea to a related felony charge for possession with intent to sell an analog to a controlled substance.

According to The Hutchinson News, Srack was suspected in February of 2011 of manufacturing blends of potpourri known as "Bubble Gum Fun" and "Midnight Moon."

According to the story, Srack bragged on his Web site:

I am the only man alive with my recipe. Although all of my blends are lightly fragranced, they remain 99 percent all natural and completely herbal.

When authories raided warehouses belonging to Srack, they reportedly found substances containing the chemicals JWH-122 and JWH-210. Authorities charged that the substances were analogs to JWH-018 and JWH-073, which were already banned in Kansas.

The substances JWH-018 and JWH-073 were used in the manufacture of Spice and K2, the most commonly recognized names for synthetic marijuana.

It appears that Srack created his own potpourri with the intention of skirting both federal and Kansas controlled substances laws.

Srack's amateur cannabinoids modification demonstrates how easily somebody with a limited background in chemistry can get into the synthetic drug trade, and how few safety precautions clandestine chemists take before releasing a new substance to consumers.

In the past year, Genesee County has seen a couple of waves of synthetic drug use, first with synthetic cannabinoids and more recently with chemical compounds known as bath salts.

The spike in bath salt use over the past several weeks has led to reports of seizures, extreme body temperatures, odd and even dangerous behavior and people with numerous paranoid delusions.

Eventually, the bath salt craze will fade, but the more than 50-year history of synthetic drugs, often called designer drugs, shows that when one so-called "legal high" is banned, users will seek out a new fix and, increasingly, there are underground chemists willing to try and supply it to them.

The invention and manufacture of synthetic compounds that have mind-altering effects goes back to the early part of the 20th Century. But wasn't until 1979 that authorities first encountered a dangerous drug that didn't show up in urine and blood samples and was designed to mimic a substance that was already illegal to sell and manufacture.

The drug was China White, a synthetic form of heroin created by an anonymous chemist in California.

China White was a knockoff of fentanyl, a powerful painkiller used in clinical settings, usually as an anesthetic in major surgery.

The new drug was 20 to 40 times more powerful than heroin and a druggist with $500 in chemicals could produce product worth $2 million on the street, according to a 1985 article by Jack Scafer in Science magazine. (Read the end of the article for an interesting discussion of the connection between another "new" heroin product and how it helped scientists find a possible connection between environmental pollution and Parkinson's Disease.)

Dozens and dozens of people died as a result using China White in the years immediately after its introduction.

After China White came PCP, GHB, Ecstasy, Special K and Nexus, among others, before the introduction around 2005 of Spice, K2 and the first form of "bath salts."

The ever-changing non-organic drug market is likely continue to befuddle law enforcement and health professionals until the cops and prosecutors catch up with the 21st Century, according to Bruce Talbot. He retired from the Woodridge, Illinois PD after a 26-year career and is a drug-recognition expert who has studied synthetic drugs extensively since the 1980s.

"Our current drug laws are based on the Harrison Narcotics Act of 1914 when our drugs were based on plants," Talbot said. "It was meant to regulate opium, heroin and cocaine. But that's the 20th Century. Our laws need to catch up with the 21st Century."

In response to the rise of previously unknown drugs that mimic already banned substances, in 1985 Congress passed the Federal Analog Act, which made it a crime to sell and distribute compounds and substances intended to produce the same effect as drugs already declared illegal.

The act requires a two-prong test for prosecution:

• That the substance has components and effects similar to a Schedule I or Schedule II controlled substance;
• And, that the producer intended it to have an intoxicating effect.

That's why products that are sold as "bath salts," "incense," potpourri," "spice" and "plant food" contain the warning, "not for human consumption."

Invariably, that's the only notice on the colorfully decorated packages with fanciful names indicating that the contents might be harmful if consumed.

The warning seems to exist purely as a legal fiction designed -- producers hope -- to protect manufacturers and sellers from possible criminal consequences.

The naming and marketing of the packages often seem intended to attract buyers other than those looking to make their water smell sweet or attract ladybugs to their gardens.

Sample products available online: Mind Candy (sold as a "plant food"), Pink Panther (sold as a "research chemical" out of the UK), Day Lights (which carries the warning "Keep out of Reach of Children. Not for Sale to Minors. Do Not Consume.") and White Water Rapid (which says not for human consumption, but also carries the warning "Enjoy with caution.") (Also check the packaging pictures in this story copied from a Web site that claims to sell legal highs at wholesale prices.)

At the recent anti-bath salts rally outside 420 Emporium on Ellicott Street, one of the protesters found a discarded package of "Party Rocks," a "tie dye" substance, according to the package.

One online site that advertises possible designer drugs describes "Party Rocks" this way:

If you loved the laid back 70's or maybe you are just a New Age Hippie at heart, then you will love these great Tie Dye Capsules. Unlike the ones you find at the local super store, these capsules dont have a bad chemical smell and won't leave your house looking like a dye factory. The pleasant orange aroma and easy to follow instructions will have you ready for a 70's style party in no time. Each pack contains two capsules and is just enough to make even the lamest things look cool. This item is not to be consumed and should only be used on fabric.  

An online discussion forum for apparent drug users gives users a chance to review such substances. It contained this comment:

One such product are Party Rocks Tie Dye Concentrate. Two capsules, filled with reddish pink/white powder (to the brim) that you dissolve in water and squirt on a t-shirt, then let dry for 12 hours. Well I wore my shirt right away, and It was amazing...

The next comment, though, is more direct about how the substance may be used.

Hey bud, would you mind being a just a smidge more clear about what these do? It almost sounds like this stuff is psychedelic. Or is it just another in the long line of stims?

There are legitimate "bath salts" you can buy either online or in many types of retail shops, of course -- the kind of product you dump into warm water before relaxing in the soothing soft liquid as it washes over your body after a long, hard day; but, the products sold up to now as "bath salts" carry no marketing message that would indicate they would be aromatic.

Clearly, the thinly veiled marketing of these products sold by head shops or online herbal stores as a plant food or iPod cleaner suggests they are not really intended for either of those purposes.

Glenn Duncan, executive director of the Hunterdon Drug Awareness Program in Flemington, N.J., has studied synthetic drugs extensively and maintains one of the most informative Web pages available on the constantly changing analog landscape.

At some point, prosecutors, Duncan agrees, will need to work with law enforcement to find creative ways to arrest producers and sellers of these products when existing laws prove inadequate, or until legislation better fits today's illicit drug market.

"Quite obviously, these things are sold for human consumption," Duncan said.

The current scheme of waiting for new drugs to hit the market and then outlawing the substances once they've proven harmful is not working, Duncan said.

For example, MDPV emerged in bath salts in 2005. The first MDPV-related seizure was reported in 2006. It's only been a Schedule I controlled substance in New York for less than a year, and federally since July 9. By the time it was banned, most "bath salt" products being sold no longer contained MDPV.

To become a controlled substance, a chemical compound must first get listed on an emergency schedule and tested by the FDA. Not every substance that goes through this process is later banned as a controlled substance.

The process is slow, cumbersome and doesn't always yield results that keeps dangerous drugs off the streets.

"Chemists will always be five years ahead of the federal government," Duncan said.

The bill that banned MDPV with President Barack Obama's signature on July 9 also banned mephedrone, and Duncan is frustrated that the legislation sponsored by Sen. Charles Schumer didn't go far enough.

An earlier version of the bill also would have banned naphyrone, but somewhere along the line for reasons that Duncan said are not entirely clear, naphyrone was dropped from the bill.

Even so, there are a total of 83 substances, as far as Duncan knows, that are used in bath salt and bath salt-like products.

"In his press release Sen. Schumer said this put 'the final nail in the coffin for legal bath salts,' " Duncan said. "It was the most ridiculous statement I ever saw. I was angered by it. If he looked at my Web site, he would see 83 substances listed. He put two nails in a coffin that needs 83 nails."

For example, there are now products appearing in retail outlets containing pentedrone, which hasn't been scheduled yet, but is already sending people to emergency rooms.

Kansas is apparently doing its best to keep abreast of new synthetic cannabinoids, and a law enforcement official in Salina said it appears that fake pot is a bigger problem in the state than bath salts. This week, authorities in Kansas issued an emergency ban on UR-144, which has been marketed under several brand names, including "Halo Zombie Matter."

MORE after the jump (click on headline to read more):

Two common questions around town about The 420 Emporium at 400 Ellicott St., Batavia, are "who owns it?" and "what does 420 mean?"

On the ownership question: Neither the City of Batavia nor Genesee County require business licenses. The store has not applied for (and apparently doesn't need) any sort of variance to operate nor has it applied for a sign permit. Technically, the store owner should apply for a "doing business as" fictitious name statement, but The 420 Emporium in Batavia has not done that, according to available records.

Amber Snover (inset photo), a Rochester resident, claims ownership on her Facebook page of the Brockport, Fulton, Henrietta and Syracuse outlets. 

This afternoon, The Batavian called Snover and asked if she owned the Batavia store. She claimed she did not. She also denied ownership of the Brockport, Fulton, Henrietta and Syracuse locations. She then hung up the phone.

We followed up with a text message and pointed out that she claimed ownership of the stores on her Facebook profile and she accused The Batavian of harassing her.

We then tried to call Joshua L. Denise, a Rochester resident who reportedly works at The 420 Emporium location in Batavia, and asked if he or Amber Snover owned the store and he immediately hung up the phone.

Snover represented The 420 Emporium at a Village of Brockport meeting in November after apparently running afoul of zoning rules that required a change of use permit for the 420 location at 14 Market St. The location had previously been a tattoo parlor and apparently Brockport's planning department needed to be notified of the change from service to mercantile.

Snover, according to the board minutes, said she was ignorant of the village's ordinance on the matter and apologized for not applying for the change before opening.

According to the minutes, Snover reportedly said she owned the store in Fulton.

Board members expressed concern about the depictions of marijuana in the shop's window and questioned why the store was open until midnight.

She reportedly said "that's when the sales are the highest."

Snover reportedly told board members she was previously employed at Look ah Hookah in Henrietta. That location was recently named in a lawsuit filed by the Attorney General's office aimed at curbing bath salt sales.

From the Viilage of Brockport Planning Board minutes:

Member Winner inquired what state agency determines what is appropriate in her store and she replied ATF. He asked if she had had any trouble with them and she said no, as a matter of fact, she just contacted ATF last week to see if it is okay to ID people at the door; they said it is fine. When asked if there had been any complaints filed with state or federal agencies, she said no. She was at her previous store less than one year and did have a fiduciary responsibility in that business.

At the time of the meeting, November 2011, Brockport PD reportedly walked through the store and found no illegal items on sale.

Snover reportedly gave two explanations to the board for the name "420 Emporium." One was that "420" is code for marijuana; the other that it was the date of a former partner's birthday.

The history of 420 as a code for marijuana goes back to 1971 when a group of San Rafael, Calif., high school students who called themselves "The Waldos" used to meet at 4:20 p.m. at a statue of French chemist and microbiologist Louis Pasteur to plan their search for a supposed secret, hidden cannabis crop in the area. By legend, 4:20 is the socially acceptable time to smoke marijuana.

Snover is also listed in domain name records as the owner of the420emporium.com, which she registered in February.

We are awaiting delivery of incorporation records from the NYS Division of Corporations, which should list the owner(s).

UPDATE 6:55 a.m., Tuesday:  It turns out the Monroe County Clerk's Web site has a copy of The 420 Emporium's incorporation application available. It lists a Charles D. Fitzgerald as the person who incorporated the company. Fitzgerald is mentioned as the owner of The 420 Emporium in Fulton in a story about his arrest on 42 counts of criminal possession of weapon when police allegedly found 43 brass knuckles in the store.

Fitzgerald, 36, the story notes, had a prior criminal conviction. The police made the arrest following an investigation into a reported theft of "incense" from the store. Fitzgerald was arrested in November. The incorporation application was filed in August. It lists the same address in Rochester that is associated with the domain registration for the420emporium.com, which lists Amber Snover as the owner of the domain.

Note that Snover mentioned a "former partner" in the hearing in Brockport, according to the minutes. Further research on the property address associated with the incorporation and the domain registration indicates it's actually in Greece, not Rochester.