Elgin man accused of selling synthetic pot says he thought products were legal
A man accused of selling synthetic marijuana out of his Algonquin tobacco shop in 2013 testified Friday that he did research on all herbal supplements he was selling after his supplier questioned the legality of one product.
The defense attorney for John G. Monteleone, 47, of Elgin, also noted that Algonquin police responded to King Puff N Stuff, 1409 Commerce Drive, in February 2013 and April 2013 for burglaries, and in early September 2013 for an attempted burglary but did nothing and did not make any arrests when they saw similar packages in plain view at the store of what prosecutors argue were synthetic marijuana.
Monteleone and his wife, Tracy, were arrested in late September 2013 on charges of possession of more than 200 grams of a controlled substance after an investigation by the North Central Narcotics Task Force. The task force, a unit if the state police, did several undercover buys of the products, which go by the slang terms of "spice" or "potpourri."
Monteleone testified that in early 2013 his supplier questioned the legality of one of products and offered Monteleone a different product called "Mary Joy."
"I researched every ingredient on the back of the package and found nothing to be illegal," Monteleone said.
Monteleone testified that he didn't learn the products were illegal until he was arrested by police on Sept. 25, 2013, when they came to his shop with a search warrant and seized 168 one-gram packages at the store, and 3,582 one-gram packages from Monteleone's residence.
Defense attorney Edward Edens also argued that Monteleone was so convinced the items were legal that he filed insurance claims for the stolen products after the burglaries occurred.
But Kane County Assistant State's Attorney Kelly Orland noted Monteleone gave police a statement when he was arrested that his wife "did not approve" of him selling the products. But Monteleone later testified that he meant his wife didn't like the supplier, a man named Eric, whom John Monteleone would pay in cash for all of their transactions.
Monteleone's case is the largest synthetic marijuana prosecution in Kane County since the substances became illegal several years ago. A forensic scientist testified last month that 220 of the packages contained chemicals and compounds found in synthetic marijuana.
The case is set to resume on Sept. 26 before Judge Linda Abrahamson, who will alone will decide Monteleone's guilt of innocence because he opted for a bench trial instead of a jury trial.
Tracy Monteleone, 45, pleaded guilty and was sentenced to four years of probation. John Monteleone faces a minimum of 12 years in prison if convicted.