Store Owner Pleads Guilty to a Sale of Misbranded Drugs Charge

CONCORD, NH — A local man pleaded guilty last week to federal charge related to sales of misbranded drugs at his Epsom store, according to the U.S. District Court. Brett Scott, 24, operated “Smoke N Discount,” a retail store in Epsom that law enforcement showed was selling synthetic cannabinoid products with names like “Colorado Kush” and “Peak Ultra.” An investigation found that the products being sold at the store contained analogues of controlled substances, according to U.S. Attorney Emily Ann Rice.

"The labels of the synthetic cannabinoid products sold at the store were misleading in multiple ways," she noted in a press statement. "The packaging misleadingly indicated that the products were not for human consumption, when in fact, the products were intended for human consumption and ingested by consumers. The packaging made misleading representations suggesting that the product was not unlawful by representing what the package did not contain, but did not identify the actual ingredients that were contained in the packages. The labels did not contain information bearing the name and place of business of the manufacturer, packer, or distributor. The labels also did not contain adequate directions for use or adequate warnings for use."

Scott has agreed to forfeit $30,000 to the United States government and will be sentenced in December.

Synthetic cannabinoids are green leafy materials that have been sprayed with chemicals. These products (commonly referred to as “spice” or “K2”) are often marketed as incense or potpourri, Rice noted. As in this case, the packaging materials often contain attractive logos that are designed to appeal to young people. Although the products are often identified as “not for human consumption,” the products are smoked in order to obtain a high. The chemicals that are sprayed on the products to produce the high are often illegal controlled substances or analogues of illegal controlled substances. The ingestion of these types of illegal products has caused some users to experience a variety of medical side effects and has led to numerous hospitalizations.

This investigation was conducted by the Drug Enforcement Administration’s Tactical Diversion Squad, with assistance from the New Hampshire State Police and the Epsom and Concord police departments, according to Rice.