A trial for the owners of Twilight Boutique that was tentatively set to start this week has been pushed back until 2013.
At a hearing Monday morning in Cuyahoga County Common Pleas Court, Judge Joan Synenberg continued a pretrial until Nov. 19 for Sean and Sherry Lightner of Columbia Station, both 36 and the husband-wife owners of the business, and for Shane Spohn, 26, an employee who lives in Parma Heights.
Police say the 586 packs of "herbal incense" -- sold under names like K2 and Spice -- that were confiscated in the raid contained illegal chemicals.
Court records show the defendants sought the continuance. A motion to dismiss will be heard Jan. 22.
They are all three free on bond.
Linndale Sgt. Tim Franczak, whose department spearheaded the raid, said the defendants are charged with a first-degree felony for selling products that contain an analog of the five chemicals banned by the DEA last year.
But Scott Lucas, attorney for Sean Lightner, has said the defendants are challenging Ohio's recently enacted "analog" law on the grounds that "ordinary, everyday people have to have sufficient notice and understanding of what has been made illegal."
Twilight Boutique moved out of its Prospect Road storefront at the end of May. A sign said it was moving to Parma.
The products in question are marketed as herbal incense, but kids and young adults roll the vegetable matter -- which is treated with chemicals -- into cigarettes and smoke them for what they call "a legal high."
K2 and other synthetic marijuana disappeared from the shelves briefly after the ban, but were replaced by similar products containing slightly different chemicals.
The DEA banned the chemicals after growing evidence the they were unsafe and have led to thousands of emergency room visits.