Judge slams spice search
TN Gas and Convenience reopened shortly before 5 p.m. Monday, after Hillsborough County Superior Court Judge Diane Nicolosi found the city did not follow proper procedures when officials revoked the business licenses of TN Convenience and two other stores last Wednesday.
Flaih said TN has stopped selling all brands of spice; he showed an empty glass shelf where the price — four grams for $10 — was still posted.
“Based on the totality of the circumstances of this case, the court finds there was insufficient evidence to support a finding by (the city) that the danger to public health, welfare and/or safety was immediate when the license was revoked,” Nicolosi wrote.
Police targeted TN after a person said the store sold the spice brand responsible for an overdose.
Police searched the store on Aug. 13 and found no packages of the spice in question. But when police asked City Clerk Matthew Normand to revoke the license, they did not disclose the results of the search, Nicolosi pointed out.
• Gov. Maggie Hassan had not yet declared a state of emergency related to spice overdoses.
• TN denied selling the product, and TN owner Saif Nourie told Nicolosi he will not sell Bubblegum spice.
• The credibility of the spice user is unknown.
Nicolosi’s ruling is only an injunction that temporarily lifts the license revocation.
Under state law, TN and the two other convenience stores — Han’s Food Mart, 353 Maple St., and Union Street Market, 621 Union St., — deserve a hearing.
New Hampshire Union Leader reporter Dale Vincent contributed to this article.