BRIGHAM CITY -- After just two months in business, a tobacco shop in Brigham City may lose its business license.
On March 7, the owners of Smoker's Delite, LLC, were issued a notice that the business license was revoked for violation of a city code that bans the possession, manufacture or distribution of spice, a synthetic marijuana sold as incense. The notice was to be effective 15 days from the date of service, but store owner Scott Wadman has filed an appeal with the city.
Box Elder Narcotics Strike Force received information that spice was being sold from the store at 1064 S. Main. Based on that information, the strike force sent confidential informants to the store, where purchases were made on two occasions in February.
A warrant was served on the business and officers from the strike force confiscated material believed to be spice. That material, along with the substance purchased by the confidential informant, has been sent out to two labs for testing.
Brigham City Attorney Kirk Morgan said that in the case of DUI testing, it can take as long as six weeks to get results back from the Utah State Crime Lab, where some of the substance was sent. However, the state crime lab has told Morgan that they have a substantial backlog in spice tests, so it is unknown when those results will come in. The remaining substance has been sent to a military testing facility.
The city attorney is reviewing this case, but any charges that might be filed are dependent on the outcome of those substance analyses.
The city council, which also acts as the Brigham City license hearing board, is waiting on the test results before taking additional action with Smoker's Delite's business license.
The business license for Smoker's Delite was approved Jan. 24; it's the only tobacco store in Brigham City.
Last October, when the city passed an ordinance banning the sale, manufacture or distribution of spice, both Morgan and Police Chief Paul Tittensor said they were unaware of any businesses in Brigham City selling spice.
Even now, Lt. Dennis Vincent with the Brigham City Police Department said he doesn't doubt spice is being sold on the street, but there have been no issues with spice being sold in this area on a retail basis.