State Shuts Down Newburgh Deli for Illegal Sale of K2

NEWBURGH, NY — Two men were arrested and charged with illegally selling synthetic marijuana in the City of Newburgh.

Gov. Andrew Cuomo announced the arrests Wednesday as a series of statewide enforcement actions continued, resulting in increased police presence to combat the illegal sale of K2 in New York.

Cuomo said that K2 and other synthetic drugs were dangerous and risks to public health and safety.

“Selling this poison is illegal and this administration will continue to do everything in its power to get K2 off the street and hold accountable those who continue to break the law,” he said, in a prepared statement.

On Friday, 111 packets of suspected synthetic marijuana were seized from Manhattan Deli, located at 212 Broadway in Newburgh.

Police said the location was also found to have forged cigarette tax stamps, unstamped cigarettes, marijuana and an illegally possessed weapon.

Samples of the seized products were analyzed by the Department of Health’s Wadsworth Center laboratory in Albany and tested positive for 5-fluoro-ADB, FUB-PB-22, XLR-11, NM2201, AB-CHIMINACA and MMB-FUBINACA, six synthetic cannabinoids as defined in Section 9.1 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

Following the lab results, Department of Health Commissioner Dr. Howard Zucker immediately moved to close the store.

Hemyar M. Almaflehi, 28, of Walden and the owner of the store, was charged with first-degree criminal possession forged instrument, a class C felony; possession of unstamped cigarettes for purpose of sale, a misdemeanor under state tax law; fifth-degree criminal possession of marijuana, a class B misdemeanor; unlawful possession of marijuana, a violation; and 111 counts of violations of the Department of Health regulation banning the possession of synthetic cannabinoid substances.

Omar Nagi, 22, of Newburgh and a clerk at the store, was charged with first-degree criminal possession forged instrument, a class C felony; possession of unstamped cigarettes for purpose of sale, a misdemeanor under state tax law; fifth-degree criminal possession of marijuana, a class B misdemeanor; seventh-degree criminal possession of a controlled substance, a misdemeanor; three counts of fourth-degree criminal possession of a weapon, a misdemeanor; and 111 counts of violations of the Department of Health regulation banning the possession of synthetic cannabinoid substances.

The New York State Police Community Narcotics Enforcement Team – Hudson Valley, working in conjunction with the New York State Department of Taxation and Finance, the New York State Department of Health, City of Newburgh Police Department, and the Orange County District Attorney’s Office took part in the seizure of the synthetic marijuana.

Under current law, an owner of an establishment, as well as any other person possessing, distributing, selling or offering prohibited synthetic marijuana for sale, will face a fine up to $500 and/or up to 15 days in jail. Civil penalties include a fine up to $2,000 per violation.

Synthetic marijuana is marketed as legal and typically consists of plant material coated by chemicals, which are supposed to mimic THC, the active chemical compound in naturally grown marijuana. The drugs are marketed as incense, herbal mixtures, or potpourri in order to mask their true purpose. Brand names for substances include Spice, K2, Green Giant, Smacked, Wicked X, AK-47, Geeked Up, Ninja, Caution, Red Giant, Scooby Snax, and Keisha Kole.

Image via Shutterstock.