The Summerville City Council met on Monday evening and held a public hearing regarding the penalization of “The Smoke Shop”, located in the Ingles shopping center.

Sheriff Mark Schrader reported to the council the proceedings of the investigation which led to the arrest of “The Smoke Shop’s” owners. In October, 2013 an undercover informant of the Sheriff’s department made two separate purchases of alleged synthetic marijuana. The owners did not have the substance on display and, when purchased, packed the substance in an empty cigarette carton to avoid suspicion. Sheriff Schrader later hand delivered a letter to the owners of The Smoke Shop informing them that the Sheriff’s Department was aware of their illegal activity. In April, 2014 a third purchase of alleged synthetic marijuana was made by the informant. Test results have reported that the first two purchases are a Schedule I drug, while the third’s results haven’t yet been returned.

Rex Abernathy spoke for “The Smoke Shop” owners and argued that when the Patels purchased the substance from a distributor in 2012, it was legal at the time. Abernathy describes the issue as an “evolving circumstance,” and that because laws are constantly changing when it comes to the chemicals found in these substances; the Patels would have had no way of knowing that what they were selling was illegal. Abernathy argued that when the first two purchases were made, the owners hadn’t been informed that the substance was illegal, and were only made aware during the third purchase, which hasn’t been proven to be synthetic marijuana yet.

It was at this point during the hearing that Councilman David Ford argued that if the Patels did not know that the substance was illegal, then why were they selling it from out of the back room and hiding it in cigarette cartons? Abernathy did not have a rebuttal. City Attorney Albert Palmour recommended that the council suspend “The Smoke Shop’s” alcohol license for two weeks, but Mayor Harry Harvey felt as though three week suspension was more acceptable. However, Councilman Joe Money Jr. made a motion to suspend “The Smoke Shop’s” business license until the trial, and received a second by David Ford. The council voted and passed the suspension on a 4-1 vote.