People smoked addictive ‘potpourri’ to get high, police say
By Vicky Wedig
Editor
After seven years under police scrutiny, the owner of the Smoke Shop in Delavan has been charged with selling materials people smoked to get high.
A preliminary hearing was scheduled for May 2 for David S. Yarmo, 46, who was charged April 24 in Walworth County Circuit Court with four felony and two misdemeanor drug offenses. Yarmo is charged with delivering Schedule I or II narcotics, three counts of distributing a hazardous substance and two counts of manufacturing or delivering drug paraphernalia.
According to the Walworth County Drug Unit, Yarmo sold 2-inch by 2-inch foil packages of material marketed as potpourri that consumers smoked to get high from his Park Place store.
Sgt. Jeff Patek, of the Walworth County Drug Unit, said the substances are intended to induce intoxication, stupefy the central nervous system and change the human audio, visual or mental process, according to the criminal complaint. He said the substances are addictive and cause health problems including convulsions, vomiting and paranoia.
Some of the materials Yarmo sold contained controlled substances, and he also sold bongs and marijuana pipes in the store, according to the criminal complaint.
Probe began in 2007
The Drug Unit began investigating Yarmo in August 2007 when officers executed a search warrant at the Smoke Shop and seized numerous glass pipes used primarily to ingest controlled or hazardous substances, according to the complaint. Two years later, officers again seized 79 assorted pipes primarily used to smoke marijuana from the store and warned Yarmo about selling them.
On Sept. 29, 2009, officers conducted a controlled buy of Mimosa root bark that contained dimethyltryptamine, a Schedule I controlled substance. Patek said sellers distribute the material as bark but are aware that consumers can extract the hallucinogenic drug known as DMT from it.
On March 28, 2012, deputies conducted a controlled buy of material believed to be synthetic marijuana from the Smoke Shop, according to the criminal complaint. Yarmo allegedly sold an informant a container labeled “Mary Jane 10X. Not for human consumption. Not for sale to minors.”
On Sept. 13, 2012, the Drug Unit, Drug Enforcement Agency and Delavan police met with store owners David and Erin Yarmo at the Smoke Shop. Patek saw several display cases for synthetic cannabinoids, and while officers were in the store several customers came in looking for synthetic marijuana. Patek heard people ask for the “good stuff” and “which one lasted longer.” The synthetic cannabinoids tested positive for a controlled substance.
Patek also saw numerous marijuana-smoking pipes in the store, and Yarmo asked if he could send the pipes back to the company and get his money back rather than having Patek seize them, which Patek allowed, according to the complaint.
Patek said Yarmo was given opportunities to stop selling the items and avoid penalty but continued to do so.
Informant buys potpourri
On Aug. 16 and Sept. 18, police conducted controlled buys of material Yarmo was selling as potpourri. The substance was in 2-by-2 foil packages and labeled “not for human consumption.” The informants in the buys said a line of people was waiting to buy the substances, and numerous grocer bags full of the material were behind the counter at the store.
Patek said potpourri that people buy at Walmart, for example, cost $5 or $10 for an ounce. Yarmo was selling the material for $10 to $20 for a 2-gram sample.
He said most commercial scented potpourris or incense or other items people can use to get high like spray paint or glue have primary intended uses. The substance Yarmo was selling did not.
“These items, their only primary intended use is to smoke and get a high off of them,” he said.
Another informant told police Nov. 18 that the Smoke Shop sells “MJ, Voodoo, MJ Erie Twilight and MJ Angels Breath.” The informant reported being addicted to the substance and said Yarmo will reach under the counter and pull out the substance when people request it.
Patek said some of those items such as the MJ Wild Cherry are federally controlled substances – a determination based in part on whether the substance has any useful medical purpose or is addictive.
On Nov. 19, another citizen reported being addicted to the substance and using 8 grams of it a day. The citizen reported hallucinations, paranoia, poor balance and an intoxicated feeling. The citizen reported asking Smoke Shop workers what flavor they have, and the worker will say, “It’s scent, you’re slipping.”
Material turned over
On Jan. 24, police again conducted a controlled buy at the Smoke Shop. The informant asked what flavors there were, and the worker said, “The scents we have are …” The informant bought a pipe used primarily to smoke marijuana and a 2- by 2-inch foil package of “Blueberry High Ace.” The informant said numerous grocery bags full of the hazardous substance were behind the counter.
On Feb. 21 and March 13, the Walworth County Drug Unit again conducted controlled buys of “MJ Wild Cherry” and “High Ace Blueberry,” both of which contained controlled substance.
On March 31, Yarmo turned over 200 packages of the substance to Delavan police. Yarmo told police “something illegal has been done with this, I’m getting rid of it,” after two people came to the store complaining that a person had smoked the substance and went missing.
On April 4, the Drug Unit searched the store and four customers were inside, one of whom had just purchased 52 gram packets of synthetic marijuana. A deputy saw numerous bags of synthetic marijuana for sale including 300 1-gram packs of MJ Wild Cherry, which contained a controlled substance, and 228 glass pipes, 83 glass bongs and 30 stone pipes, all of which are commonly used for smoking marijuana.
Yarmo was convicted of manufacturing or delivering drug paraphernalia in 2009 and manufacturing marijuana in 2001. He is free on bond on the latest charges.
