Smithfield’s Planning Commission is urging against allowing the reopening of a vape store that town police say was illegally selling marijuana.

In February, police raided Tobacco & Vape at 13404 Benns Church Blvd., where officers say they found 4.5 pounds of pre-rolled blunts, 1.5 pounds of loose-leaf marijuana, vaping fluid laced with THC, or delta-9-tetrahydrocannabinol, the psychoactive component of marijuana, and THC-laced edible gummies.

A 2021 change in state law decriminalized possession of up to an ounce and the growing of up to four marijuana plants at homes for personal use, but retail marijuana sales remain illegal in Virginia. The store has been closed since the raid with a pink “zoning violation, no sales permitted” sign affixed to its door.

The town received a special use permit application in April for 13404 Benns Church Blvd. seeking to reopen as a “recreational substance establishment” as defined in a 2023 change in the town’s zoning ordinance that restricts where such stores can operate.

The Planning Commission voted unanimously on June 10 to recommend denial of the requested permit.

“We consider Smithfield a nice, safe, conservative municipality to live in and we want to keep it that way,” Commissioner Charles Bryan said.

Commissioner GiGi Smith cited the location’s less-than-a-mile proximity to Smithfield High School, where Isle of Wight County Schools officials say there have been incidents of underage students being caught with vape pens, a type of electronic cigarette that heats a liquid to deliver nicotine and other drugs and chemicals in aerosolized form. The 2023 change to the town’s zoning ordinance allows the Planning Commission and Town Council to consider in their deliberations on requested special use permits the proposed recreational substance establishment’s proximity “to schools, religious institutions, libraries, or other institutional uses, and residential uses.”

The simultaneous raids at 13404 Benns Church Blvd. and three other now-shuttered vape stores followed a four-month undercover investigation that Smithfield police say began when the department received a tip that the stores were selling their wares to underage customers, though only marijuana-related charges were brought against eight store owners and employees charged in the sting.

Amin Alzandani, who filed the application seeking to reopen 13404 Benns Church Blvd. as “Smithfield Tobacco and Gift LLC,” is among the eight suspects facing charges. He’s the same “Amin Zandani” listed in court records, his attorney, Anton Karpov, confirmed to the Planning Commission. Alzandani faces a single felony count of possession with intent to distribute more than an ounce but less than 5 pounds of marijuana.

Commissioner Darren Cutler, who also serves on Town Council as its liaison to the Planning Commission, said town residents should be able to “expect to do business, legal business, in a legal manner and not be caught in a situation where they could be in trouble for being present in a business that’s doing illegal operation.”

Karpov said his client believed he was selling “imitation” products compliant with Virginia’s marijuana laws, and contended disallowing vape stores would create a “black market” for such products. Karpov said he expects Alzandani “will waive” his Fourth Amendment right against unreasonable search and seizure to permit Smithfield police to “come and look inside of the shop anytime they want to.”

Planning Commission Chairwoman Julia Hillegass said she found it “hard to believe that he thought he was selling legal blunts” but noted “he’s not on trial here with us.” More than one commissioner expressed reluctance to approve reopening while the criminal case was pending, though Town Attorney Bill Riddick advised that the decision before the Planning Commission and ultimately the Town Council is separate from the ongoing litigation.

Another vape store shuttered since the sting, and not operated by Alzandani, is also going through the process of reopening. In May, the Planning Commission approved a sign that would rebrand the former Planet Tobacco & Mart on South Church Street as “Planet Mini Mart,” which proposes to reopen as convenience store rather than a recreational substance establishment. As a convenience store, Planet Mini Mart would be allowed to sell tobacco and vape supplies provided the volume of such items sold stays below the 25% inventory and 15% shelf space thresholds that would reclassify the business as a recreational substance establishment.