The Howard County Prosecutor’s Office announced today that it has charged three people with dealing in synthetic cannabinoids in violation of I.C. 35-48-4-10.  The charges stem from undercover purchases of the synthetic drug commonly known as Spice, from a local business known as Elvies, located at 1300 W. Mulberry St. Kokomo, Indiana.  The persons charged are the owner Gary Elvers, and employees Wrena McDonald and Tara Hicks-Pitner.   Gary Elvers was also charged with two counts of maintaining a common nuisance, classs D felonies, and one count of Corrupt Business Influence, a class C felony.

The informations allege as follows:

That on or about September 30, 2011 at or near 1300 W. Mulberry Street, Kokomo, Howard County, Indiana, Tara Hicks-Pitner did knowingly deliver synthetic cannabinoid.

That on or about October 28, 2011 at or near 1300 W. Mulberry Street, Kokomo, Howard County Indiana, Wrena McDonald did knowingly deliver synthetic cannabinoid.       

That on or about September 30, 2011 at or near 1300 W. Mulberry Street, Kokomo, Howard County, Indiana Gary Elvers did knowingly maintain a building, structure, vehicle or place that is used one or more times for manufacturing, keeping, offering for sale, selling, delivering or financing the delivery of  controlled substances or items of drug paraphernalia, to-wit: synthetic cannabinoid

That on or about October 28, 2011 at or near 1300 W. Mulberry Street, Kokomo, Howard County, Indiana Gary Elvers did knowingly maintain a building, structure, vehicle or place that is used one or more times for manufacturing, keeping, offering for sale, selling, delivering or financing the delivery of  controlled substances or items of drug paraphernalia, to-wit: synthetic cannabinoid.

That on, or about, and during the period from September 30, 2011 through October 28, 2011, in Howard County, State of Indiana. Gary Elvers doing business as Elvies, and who is employed by or associated with said enterprise, did knowingly conduct or participate in the activities of said enterprise through a pattern of racketeering activity:

1.      On September 30, 2011, Tara Hicks-Pitner, an employee of Gary Elvers, doing business as Elvies, did knowingly deliver a synthetic cannabinoid in violation of I.C. 35-48-4-10, containing JWH-250 a controlled substance.

2.      On October 28, 2011, Wrena McDonald, an employee of Gary Elvers, doing business as Elvies, did knowingly deliver a synthetic cannabinoid, containing JWH-122 a controlled substance in violation of I.C. 35-48-4-10.

This investigation is ongoing and could result in the filing of additional charges.  Search warrants were served upon the business at 1300 W. Mulberry Street on March 19, 2012, by officers of the Kokomo Police Department. 

It is illegal to possess synthetic drugs.  Retail locations selling products are subject to losing their retail license for one year.  Employees and customers purchasing these items can be arrested for violating the law.

The names of these substances and how they are packaged are subject to change at any time.  Illegal substances have been sold under brand names such as K2 or Spice or other product names such as Blaze, Blueberry Haze, Dank, Demon Passion Smoke, Genie, Hawaiian Hybrid, Magma, Mr. Nice Guy, Ninja, Nitro, Ono Budz, Panama Red Ball, Puff, Red X Dawn, Sativah Herbal Smoke, Sence, Skunk, Smoke, Ultra Chronic, Voodoo Spice, Yucatan Fire, Zohai, Spike Max and K4 Max.

Synthetic stimulants have been sold as bath salts under a variety of names, including Crystal Bubbly, Ivory Wave, Purple Wave, Red Dove, White Dove, Blue Silk, Zoom, Bloom, Cloud Nine, Charge +, Ocean Snow, Lunar Wave, Vanilla Sky, White Lightening, Scarface, Snow Leopard, Tranquility, Eight Ballz, Hurricane Charlie, White Rush and Pure Ivory.  The chemicals marketed as plant food commonly have sold under the name Molly’s Plant Food, but other versions have been called Lil Butterfly and Yellow Jacket.

The Howard County Drug Task Force will continue to visit retail locations known to have sold items illegal under the law.  If subsequent laboratory testing confirms the purchased item is an illegal substance, the employee making the sale may be arrested and as stated earlier, the store location may have their retail license to sell revoked for one year.

Photographs of the persons charged in this case are unavailable at this time.  The Howard County Prosecutor’s Office emphasized that the filing of charges are merely allegations and that all persons charged are presumed innocent until and unless proven guilty in court.