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July 26, 2012 - 6:50pm

First synthetic drug charge from raid at Tonawanda Indian Reservation filed by feds

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.

Lisa Falkowski
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This young woman did know better, I'm sure, but where is the punishment to the establishment? They are just as guilty.

Howard B. Owens
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In order for the owner to be charged under the Analog Act, the government would need to be able to prove that the owner knew the product was being sold for human consumption.

Plausibly, the owner could say, "I told all of my employees, do not say this is for human consumption and if you suspect a person is buying it for human consumption, do not sell it to that person under any circumstances."

So there needs to be some evidence that the owner knew, such as a paper trail or an employee willing to say, "the owner told me to sell it for human consumption."

Howard B. Owens
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And here's my speculation as to what's going on in the 420 case. Since the DEA doesn't have evidence (as far as I know) of buys involving analog substances while the owners were in the store, they're now going to go through the evidence very carefully looking for two things:

1 -- communications via computer or mobile phone that indict the owner or owners knew the purpose behind the sales;

2 -- test every substance seized to see if any contain an actual controlled substance rather than just an analog of a controlled substance (because if a Schedule I substance is found, they don't need to prove it was sold for intended human consumption; it's simply illegal to possess at all).

david spaulding
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anybody else find it ironic that federal thugs go onto the indian reservation,raid an indian smoke shop,and come home with an arrest of a non indian? guess the thugs are afraid of the seneca nation....good job boys...your true colors come through.

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