Two of the four shuttered tobacco and vape stores Smithfield police say were illegally selling marijuana are trying to rebrand and reopen.

Three months ago, town officials affixed pink “zoning violation, no sales permitted” signs to the former 7-Eleven on South Church Street that from 2023 through the Feb. 10 police raid operated as Planet Tobacco & Mart. They did the same to Tobacco & Vape at 13404 Benns Church Blvd. in the Cypress Run Plaza shopping center, the Discount Vape & Tobacco store at 1264 Benns Church Blvd. in the Smithfield Shopping Plaza anchored by Kroger and another store called Tobacco & Vape in the Smithfield Square shopping center anchored by Food Lion.

On May 13, Smithfield’s Planning Commission approved a sign that would rebrand the former Planet Tobacco as “Planet Mini Mart.” Sign approvals are among the rare instances when the Planning Commission gets the final say, rather than voting on a recommendation to the Town Council.

According to Community Development and Planning Director Tammie Clary, Planet Mini Mart would operate as a convenience store and is not seeking a special use permit that would allow it to operate as a “recreational substance establishment.”

The Town Council changed its zoning ordinance in 2023 to define and restrict where recreational substance establishments can operate, though by that time Planet Tobacco and the other three now-shuttered stores were open and grandfathered. Prior to the change, the ordinance didn’t distinguish between smoke shops and other types of retail outlets. The 2023 language makes that distinction by classifying the former as any business devoting 25% or more of its total inventory, or 15% or more of its total shelf space, to “recreational substances,” which the ordinance defines as products made of tobacco, any noncombustible product containing nicotine or vaping fluid, hemp and raw materials made from hemp, Kratom and cannabidiol, also known as CBD.

Planet Mini Mart, as a convenience store, will still be able to sell tobacco and vape products provided it stays within the percentages listed in the ordinance.

The town also received a special use permit application dated April 18 for 13404 Benns Church Blvd., which, unlike Planet Mini Mart, is seeking to operate as a recreational substance retailer.

Planet Mini Mart would be owned by JTMSR LLC, the same owner of the building when it was Planet Tobacco.

Who owns JTMSR LLC is unclear. State Corporation Commission filings list a principal office address of 3515 Airline Blvd., Portsmouth, for the business, which was “pending inactive” as of March 2 for a past-due annual SCC registration fee. The address corresponds to HRFT Finance Inc., which the Times was unable to reach by phone.

Ali Alkotaini, who had been listed as the owner of the business, but not the building, on Planet Tobacco’s entrance corridor overlay review application in 2023, is among eight suspects charged in connection with the Feb. 10 raid. Alkotaini faces a felony charge of conspiracy to distribute more than an ounce of marijuana.

Retail sale of marijuana remains illegal in Virginia despite a 2021 change in state law that decriminalized possession of up to an ounce and the growing of up to four marijuana plants in homes for personal use. Police said in February they found 11.2 ounces of marijuana at Planet Tobacco.

Clary said Planet Mini Mart has not submitted a business license application, which would list a name or contact for the business owner.

The special use permit application to reopen 13404 Benns Church Blvd. as a recreational substance establishment lists Amin Alzandani as the applicant and business owner. The name is similar to the Amin Zandani police identified as the owner of the shuttered tobacco and vape store housed at that address, and have charged with the same felony offense Alkotaini faces.

Alzandani’s application states the rebranded “Smithfield Tobacco and Gift LLC” would sell cigars, cigarettes, miniature cigars known as cigarillos, E-liquid and e-cigarettes as well as “a range of products beyond just tobacco and vape, such as locally made products or complementary lifestyle goods.”

Police say they seized nearly $40,000 worth of marijuana in total from the four vape stores following a four-month undercover operation.

In addition to Alkotaini and Zandani, police have charged Wail Almaleki, whom they say managed the shuttered Discount Vape & Tobacco store at 1264 Benns Church Blvd., and Helal Zokari, whom they say managed Planet Tobacco, with felony conspiracy. Almaleki also faces a Class 1 misdemeanor charge of possession with intent to distribute less than an ounce of marijuana.

Police also arrested and charged Planet Tobacco clerk Abdulla Yahya of Carrollton; Discount Vape & Tobacco clerk Kelsey Ewell of Windsor; Aiman Alghazali, a clerk at the Cypress Run Tobacco & Vape; and Oumar Hammety of Newport News, a clerk at the Smithfield Square Tobacco & Vape. All face at least one felony count of possession with intent to distribute.

Zokari remains at large. Hammety’s next court appearance is set for June 5. Zandani’s is set for July 10. Alghazali was not listed in the online court docket as of May 19. The other four suspects each had their June 5 court dates moved to Aug. 7.