Page 2 of 2 Previous

Continued: Duluth headshop owner keeps fighting despite conviction

  • Article by: RANDY FURST , Star Tribune
  • Last update: November 14, 2013 - 5:53 AM

Some expert opinion

Joseph Daly, emeritus professor of law at Hamline University, says he believes Tigue will not make much headway arguing what government officials said on the matter of law, because it is only their opinion. But he said Carlson still stands a good chance of winning an appeal. He called the law banning analogue drugs, “at minimum, vague and confusing” and may violate the 14th Amendment guarantee of a fair legal process.

But Murphy believes the Eighth Circuit in May already decided the substance of Carlson’s argument in USA vs. Sullivan. In that case, a panel upheld the conviction of Steven Miles Sullivan for possession with the intent to distribute a controlled analogue substance. Although the DEA had not yet classified the analogue as illegal, the court said the law “does not, however, require the DEA to classify a substance as controlled substance analogue before the substance falls under its purview.”

Tigue disagrees, saying the circumstances were different in Sullivan’s case.

No date for sentencing is set.


Randy Furst • 612-673-4224

  • related content

  • Nov. 3: Duluth police see drop in synthetic drug use

    Sunday November 3, 2013

    They say the closing of the Last Place on Earth head shop has cut calls by 65 percent, though other issues remain.

  • Oct. 7: Duluth headshop owner guilty

    Monday October 7, 2013

    Jim Carlson was convicted Monday of 51 counts of selling banned substances at his downtown store, Last Place on Earth. His son also was found guilty on some charges.

  • Jim Carlson, the controversial owner of the Last Place On Earth, is appealing his conviction over selling synthetic drugs out of his head shop in Duluth. 1

  • Jim Carlson worked with customers at his store before it was shut down. He is in jail awaiting a decision on a request for a new trial.

  • get related content delivered to your inbox

  • manage my email subscriptions


Connect with twitterConnect with facebookConnect with Google+Connect with PinterestConnect with PinterestConnect with RssfeedConnect with email newsletters






question of the day

Poll: What chance does the Wild have of making the playoffs?

Weekly Question