Fake weed bust was a bust E-mail
Written by Mark Nichols   

In Kentucky, the Lexington Police Department will have to return hundreds of glass pipes, vaporizers and other items confiscated from a local smoke shop if a judge's recent order holds up to challenges. The merchandise was taken from The Botany Bay last summer during a raid. Tips that the store was selling synthetic marijuana prompted the action.

The enforcement effort resulted in misdemeanor charges of synthetic drug trafficking and possession of drug paraphernalia against the store's owner, Ginny Saville.

But just recently, Fayette District Court Judge Kim Wilkie granted Saville's motion to have many of the seized items returned to her, according to court records.

Police took about $40,000 worth of smoking accessories and about 7 pounds of synthetic marijuana during the raid according to an article in the Herald Leader newspaper.

But the synthetic drug sold at the store contained a mind-altering chemical mixture that is illegal but is not explicitly listed among banned substances in Kentucky, according to court documents.

Despite the judge's ruling on last January, police have not returned the items pending the outcome of a motion filed by prosecutors.

The Fayette County Attorney's Office, which is prosecuting Saville, requested a hearing to clarify which items have to be returned and which items are still considered evidence.

A hearing on the matter was scheduled for shortly after this article was written.

Lexington police spokeswoman Sherelle Roberts said police would abide by the judge's ruling.

"We always follow the directions of a court order, and would do so in this instance," she said.

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