Miller County Prosecuting Attorney Matt Howard announced today that he has filed a civil nuisance suit against a local retail store doing business as Puff N Snuff, located at 1900 Business Highway 54 in Eldon, according to a news release from the Miller County Prosecuting Attorney's Office.
The suit seeks a court order to shut down the shop for at least one year to halt ongoing activity that constitutes a public nuisance, including selling and distributing cannabinoids, imitation controlled substance analogues and their respective paraphernalia, according to Howard's petition.
Law enforcement have received numerous reports that customers of the defendants "have consumed the substances described above and have suffered physical harm to their health and well-being," the petition states.
The Puff N Snuff shop has been the subject of enforcement action by the U.S. attorney since October 2013, when a federal grand jury handed up an indictment against one of the listed owners of the property, and a federal civil forfeiture action has also been filed against the business.
The action by Howard to try to end the shop's activities comes as a result of evidence recently gathered during the undercover phase of an ongoing criminal investigation by the Eldon Police Department. Howard praised the Eldon Police Department for "a determined vigilance" in monitoring the shop's activity and securing evidence that his office needed to proceed.
While Howard anticipates police will present criminal charges for consideration at the conclusion of their investigation, he noted,"Not even federal prosecution has deterred this ongoing problem, and we are not going to wait any longer - we are asking the court to order the place to be closed and padlocked."
The court has issued an order for the owners of the business and real estate to appear for a hearing on Aug. 7 and make any objections and show cause as to why the court should not grant a preliminary injunction to stop or close the business pending a final trial on the nuisance suit.