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Store owner says he's made ethical decision to stop selling chemical 'potpourri'

By Howard B. Owens

A Batavia business whose owner previously said he was no longer selling products that had recently been banned by the state, appears to have kept right on selling the product, which he refers to as potpourri, but is also commonly known as synthetic marijuana.

Jason Lang, owner of The Laughing Buddha, at 238 Ellicott St., said today that he is sold out of potpourri, without specifying the time period in which he sold out his stock, and that he will soon offer a replacement product that he believes is 100-percent legal.

On Wednesday, either Lang or a representative of the store posted on the company's Facebook page, "We are temporarily out of potpourri! New merchandise coming soon!"

Sources have told The Batavian over the past few weeks that it was possible to still buy synthetic marijuana at The Buddha. You just had to whisper to an employee, "potpourri."

Lang didn't deny the allegation, but insisted that he is sold out and won't restock because after research and further consideration, he's decided he can't ethically sell products that are potentially harmful to customers.

The new product, which Lang said he found at a trade show in Atlantic City, is entirely natural -- no chemicals, no synthetic cannabinoids (so it's apparently not covered by the NYS Health Department ban), and it doesn't even carry the "not for human consumption" label warning.

"The new product is made from damiana leaf and mixed with an Asian herb," Lang said. "It provides a euphoric feeling, but it is chemical free. It's all natural."

David Whitcroft, interim health department director for Genesee County, said his department had suspicions that The Laughing Buddha was still selling products covered by the health department order, but didn't have proof.

"We haven't been there for more than two or three weeks, but we get lots of complaints," Whitcroft said. "When we go to the store for inspection, there's nothing on the shelves."

The county's ability to enforce the ban is also limited. The only thing local officials can do, Whitcroft said, is notify the state of any evidence of a violation and let the state take it from there.

Jeffrey Hammond, spokesman for the NYS Health Department, said that if the state learns of a store violating the order, it would take the complaint to the Attorney General's Office and the AG would have the power to start a process that could lead to a $2,000 fine per violation.

So far, the state hasn't sought fines against any store owners, but that might yet happen, Hammond said, without specifying any stores that may be targeted for further enforcement action.

Under the order, shop owners could challenge the state's contention that synthetic marijuana is harmful to human health. Four store owners -- none in Western New York -- did in fact seek an administrative hearing on the question, Hammond said. The hearing was held last week but the judge has not yet issued a decision.

Both the Senate and Assembly have passed legislation making synthetic marijuana a controlled substance. The two chambers must now compromise on final legislation to send to the governor for signature.

"We feel that the issue is not one of street sales, but that store owners are making the sales," said Chris Bresnan, spokesman for Assemblyman Kenneth Zabrowski, the sponsor of the Assembly bill. "When store owners realize there is a criminal penalty, we feel they will cease to sell and distribute these products."

If compromise legislation is passed before the end of the session in June, and the governor signs it into law, it would take effect in September.

David Andersen

Why can't "smoke'em if you got'em" evolve into "smoke whatever you want"? Regulate, intervene, control, coerce, limit, and ban have become the go-to-words of this state. They all add up to OBEY. And the Sheeple will. OBEY. Get use to it. OBEY. Roll over. OBEY. Pay more. OBEY. No soup for you. OBEY.

May 25, 2012, 4:51pm Permalink
Gary Spencer

The state can ban all substances they want, once they do the black market picks it up and street dealers make the money!!

May 25, 2012, 5:13pm Permalink
Lisa Falkowski

New stock? Come on, don't tell me he actually believes he replacing a "potpourri" for people to burn and smell? The fact that he'd replace such a controversial item is ludicrous and very irresponsible on his part. Just stay away from the stuff. Or do the authorities a favor and turn yourself in for citizen's arrest. Really? I would never promote this man's business. What a crock - and to go public with this information! How stupid does he think the public is? Ethical decision? The man has no ethics!

May 25, 2012, 6:11pm Permalink
Frank Bartholomew

Lisa, I hate to belabor a point,but, alcohol is one of the most dangerous drugs on the market. More emergency room visits are generated by alcohol use than all the other drugs combined.
So do you also believe those selling alcohol have no ethics either?
Look at what a huge money maker alcohol is, tax, dwi, dui, counseling services, rehabs, checkpoints,bars, etc.etc.
I find it puzzleing that it is legal to consume alcohol, but illegal to be in public under the influence of alcohol. Look at the courts, I would be willing to bet 1 in every 10 cases has alcohol use somewhere in the background.
The govt. needs to stop choosing what they think is good or bad for us, that decision should be left up to the individual.
Is the person behind the counter at the drug store unethical for selling coricedon to someone who will use it to go robo-tripping?
With that being said, I guess that covers your question on how stupid the public is.

May 26, 2012, 8:31am Permalink
tom hunt

I agree that the use of alcohol is legal and a personal decision. However, if you view the history of alcohol you would see that it has been a part of human history since man first learned to squeeze the contents of a grape. Also most alcohol users use the product in a social environment; bars and social clubs with the purpose of interacting with fellow humans. In this context, it is a usefull product when used in restraint and a controled manner.
Mind altering drugs, whether they be pot, pills, injectionables, or bath salts, is a lonely act done for the main purpose of altering ones take on reality and has no socially redemming qualities.

May 26, 2012, 9:43am Permalink
Frank Bartholomew

TP, A drug is a drug is a drug, mind altering drugs have been around a long time as well, they were used in rituals, pot has been smoked for ages, you cannot make a ligitimate arguement favoring one drug over another, they can all be dangerous in the wrong hands.
Motor vehicles, fire, electricity, etc.etc. can also be fatal if misused.
Pot and pill parties are no less a social event than a beer blast, your logic makes no sense to me.

May 26, 2012, 10:16am Permalink
tom hunt

Somehow you can't convince me that a bunch of addicts sitting around in a flop house shooting up heroin is the equalivant of a bunch of guys sitting in a bar watching NFL football and drinking cold draft beer on a Sunday afernoon. It is the context that is the key here. Bottom line is: smoking pot is illegal and destructive to the lungs. Beer is the fifth food group.

May 26, 2012, 2:44pm Permalink
Frank Bartholomew

TP,in the eyes of a recovering alcoholic,there is no difference. Alcohol destroys your liver, again, I see no logic in your arguement.
Somehow you can't convince me that a bunch of drunks sitting at the bar watching football is the same as a bunch of potheads playing football at the park.

May 26, 2012, 3:24pm Permalink
robin neyman

If it's such an ethical decision, it sure didn't take him long to find a replacement!!! And to think he will be selling it to teenagers I'm sure. Jason, you must not have any morals either!!!! We as adults can make some really bad choices, but do we have to promote these kinds of things to children? Do you really care what happens to the kids you are selling this stuff to? DOUBT IT!!! We have a hard enough time trying to teach our children right from wrong, and there are people like you who don't care at all . Is business that bad that you have to resort to that? If something happens to someones child due to your ignorance, I hope you can live with that, but then again, it probably won't bother you at all !!!! Thanks so much for helping keep our community safe, NOT!!!!

May 26, 2012, 3:44pm Permalink
Howard B. Owens

TP, Every party I ever attended in my teens and 20s the parties included pot (and these weren't "pot parties" -- just normal young people parties where some people smoked, some didn't, some people had a beer, some didn't). Marijuana is as social of a drug as there is, if your argument is about being social and therefore acceptable.

I've also known pot heads who only toked up in the privacy of their homes, alone, in order to zone out and not deal with the world.

But the world is also full of alcoholics who do the same thing.

[video:http://www.youtube.com/watch?v=lpzqQst-Sg8]

May 26, 2012, 6:39pm Permalink
Frank Bartholomew

Robin, alcohol is not sold to minors, and I don't beleive Jason is selling anything illegal or legal to minors. Alcohol is no less devastating or safer, why aren't you upset over that as well? Is business that bad at every store in town to have to resort to sell alcohol? Another nonsensical arguement.
Can all of the bartenders in bars live with themselves serving up legal drugs to customers?
Please explain the differrence!!

May 26, 2012, 6:46pm Permalink
robin neyman

Frank, I am not happy with alcohol at all!!!! My husband happened to be KILLED by a drunk driver!!! The driver had no license either, go figure. He also had 4 other dwis. The bars arent responsible either unless they have a special insurance. Guess what, most small bars don't, so do they care how much alcohol they serve someone, I don't think they do. This man never served a day in jail, that's ny state for you. It took him KILLING someone to serve time. Did he serve enough? Not to me, he's out of prison now. I am still without a husband, his children still have no father!! Fair, I don't think so!! You don't want me on this subject much longer because there is not enough time in a day for me to explain all my family had to go through!!!!!!! I was just trying to make a point that I don't think we need to harm children when we have some control over it. There is nobody in this world we live in that is perfect, myself included!! Is it too much to ask that we try to help children instead of finding more things that can harm them or someone else? Usually, by the way, it is innocent people that pay the ultimate price, that would be their lives. I hope that helped to answer YOUR question.

May 27, 2012, 6:35pm Permalink
Frank Bartholomew

Robin, I lost a parent to a drunk driver, who was never charged! so I get the point. Just becuase some of us
don't like what is being sold,legally, it is a shop owners right to sell a product.If you don't like it,
complain to your elected officials, but don't beat someone up for making a living, regardless which substance is
sold.

May 27, 2012, 7:15pm Permalink
robin neyman

I wasn't beating up anyone. It was the statement that was made. "I can't ethically sell something that is potentially harmful to customers." But in the next breath say he has found something else. I am done with this issue!!!!! To me it isn't right at all. Like I said people do what they want anyway. Time will tell.

May 27, 2012, 10:01pm Permalink
jason lang

first off i would like to say for the record i have morals and ethics hence ive pulled my products in search of a product that is NOT harmful if consumed which is a decision of the customer. Second all sales of any nature are 18 plus period! So with that being said the customer is at a age to know rite or wrong. Its a major let down some people, hence the some of the comments above over look all the good the buddha has done for the community... like 'christmas at the buddha', helping needy families, 'Piercings for pierce'.. helping a ill child and our new event june first in conjunction with MTV 'austins army' AGAIN helping someone in need. the buddha also offers quality tattoo and piercing and tons of other merchandise which is not at all related to the other few products in question. And then im bashed for pulling the product to find a 'healthy' chem free replacement? Really? the comments bashing me imply no ethics and no morals.. the buddha does great things for the community.. and for the record i also own the batavia cab company, which prevents tons of drunk driving everyday. we actually on busy 'drinking' holidays offer free rides for drunks.. hows that for morals and ethics. people need not to be so narrow minded and wake up. once you have all the facts then judge me. I have broke no laws, i gave the health department samples when requested and i have pulled questionable items. Seriously people wake up.

May 27, 2012, 10:07pm Permalink
jason lang

Hope to see everyone at the June First charity to raise money for a special person in need.. the local business on the block will be hosting a bike/car show in conjunction with the buddha as well as special reality star apperaences by MTV.. gonna be our biggest event yet. Thanks to all the support gonna be for a great cause.

May 27, 2012, 10:10pm Permalink
jason lang

and what the hell is wrong with taking a product and replacing it with a item that is not harmful? if i sold alcohol then decided to sell non-alcohol products, something beer companies have done would that make me a bad guy. The new product will be CHEM free!!! So now im done with this. thanks to all that understand i will prey for the narrow minded people every week when i attend church. its sad what the world has come to.

May 27, 2012, 10:17pm Permalink

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