Posted on 10/04/2006 11:50:04 AM PDT by grjr21
OK, shoppers, here’s a quick quiz.
What do sandwich bags, soda cans, apples, aluminum foil, plastic milk cartons and hookahs have in common?
Here’s a hint: the Internet encyclopedia Wikipedia defines a "hookah" as a traditional Middle Eastern and South Asian smoking device that operates by a water-filtration system and indirect heat. It can be used for smoking many substances, such as herbal fruits.
Still stumped?
Then chances are you won’t be busted anytime soon for violating state and federal drug-paraphernalia laws.
While it is true that all of those objects — except for the hookah, of course — are common household products available at just about any supermarket or grocery store, all of them, including the hookah and countless other objects, can qualify as drug paraphernalia. It all depends on how you use them.
Intent is the key legal element differentiating the ordinary Ziploc and Red Delicious from the extraordinary kind.
That is, these items become illegal only when someone possesses them, sells them or buys them intending to grow, process, package, distribute or use controlled substances, vis-á-vis drugs. Number one on the drug list, naturally, is marijuana.
The problem with the concept, as local police and business-licensing officials have learned in recent weeks, is that while it can be easy to read the mind of your average stoner, it can be awfully tough to prove it.
As a result, so-called "head shops" have had relatively free rein around town and beyond for years, just as long as they continue to adhere to a "don’t ask, don’t tell" policy regarding their sensitive wares.
As long as they don’t ask you why you’re buying that funny-looking pipe or "water bong" — or, for that matter, those rolling papers or that fruit-flavored Phillies blunt cigar — and you don’t tell them why, then everything’s cool.
At least it was cool.
In the wake of a recent police raid on a decades-old head shop in the Northeast, and in advance of a City Council debate over a pending anti-drug paraphernalia bill sponsored by local Councilman Brian O’Neill, the atmosphere could soon be changing for pot aficionados.
"Everybody seemed to agree that this stuff shouldn’t be sold, but how do you differentiate (paraphernalia from legitimate products) with language?" O’Neill said of recent meetings he’s had with smoking-product retailers and industry officials about his proposed ordinance.
Bill No. 060345, introduced on May 4, remains in Council’s Committee on Licenses and Inspections. A public committee hearing has not been scheduled, but is expected to occur late this month.
In summary the bill, if passed, would amend the "Service Businesses" chapter of the Philadelphia Code to prohibit the sale from certain retail establishments of blunt cigars, single cigars or "loosies," rolling papers, other cigars and other items commonly used as drug paraphernalia.
The new restrictions on cigars would impact convenience stores, auto service stations, "stop-and-go’s" and other businesses located on residential streets. Exemptions would be in effect for hotels, some restaurants and specialty tobacco stores.
Meanwhile, the ban on other paraphernalia — including containers, rolling papers, a variety of smoking pipes and accessories —
would impact any business "where the seller knows, or under the circumstances reasonably should know," that it would be used in drug activity.
Violators of the ordinance would be subject to a fine ranging from $300 to $2,000 and jeopardize their city business-privilege license. All 13 other active City Council members have co-signed the bill. The seats formerly held by David Cohen, who died a year ago, mayoral hopeful Michael Nutter and Rick Mariano, who resigned this year and is serving prison time on corruption charges, are not represented on the bill. Those seats will be filled in a Nov. 7 special election.
Local businessman Brent Brookstein has made a living since the mid-1970s selling products that easily could qualify as contraband under the proposed ordinance.
The walls of his shop, Artifax, at Cottman Avenue and Hanford Street, are lined with bongs, pipes, cigars and lighters, along with such gift items as candles, incense, jewelry and statuettes.
Most folks familiar with the place agree that it’s one of the premier places to go if you’re looking for pot smoking-related products. Yet Brookstein doesn’t acknowledge that.
In fact, he makes certain that none of the products sold in his store overtly references drug use.
Nevertheless, while some in the community may believe that his shop enables or endorses marijuana use, Brookstein distances the business from debates over the merits or evils of the drug itself.
"That’s certainly not the issue," he said.
Rather, he contends, the issue is the "vague" and "unenforceable" laws that attempt to hold businesses accountable for how people use products once they’re out of the store.
"When I was a kid and I wanted to smoke something, you could use anything to smoke it," Brookstein said. "People have been doing that for ages."
Besides common sense, at least his view of it, the shop owner has another reason to believe that there’s nothing wrong or illegal with what he’s doing — a city permit.
Opened in 1976, Artifax joined forces with five other similar businesses in 1982 to sue the city in federal court to protect their right to market certain smoking-related items. As a result of the suit, the plaintiffs were awarded city business permits that year allowing them to sell the items.
The list included pipes, tobacco products, screens, scales (for weighing loose smoking products), bongs, magazines, apparel and, believe it or not, "drug paraphernalia," a term that both federal and state law today use in the aforementioned context.
Among the six plaintiffs in the lawsuit, only Artifax and Wonderland, at 2037 Walnut St., are still in business. Wonderland opened in 1974.
The two are generally considered the most visible, if not the most popular, "head" shops in the city, although many other "smoke" shops sell cigars, blunts, tobacco pipes and rolling papers.
But when members of the Philadelphia Police Department’s narcotics bureau and the Department of Licenses and Inspections’ nuisance task force targeted Artifax for a Sept. 7 raid, they were unaware of the shop’s unusual permit.
According to Brookstein, authorities spent hours in the place while pulling merchandise from the shelves and display cases. They seized dozens of boxes of "apple" baggies as alleged drug-packaging materials, along with table-top scales, alleged drug containers and other items.
Police arrested two employees for possessing drug paraphernalia in violation of the state’s Controlled Substance, Drug, Device and Cosmetic Act. The offense is a misdemeanor. Both await trial in Municipal Court.
L&I shut down the business. Later, after Brookstein called the city agency’s attention to his permit, the "cease operations" order was rescinded on Sept. 13.
When asked about his department’s change of position on Artifax, Kevin Daly, chief of the L&I nuisance task force, acknowledged that his colleagues were taken aback.
"This is an anomaly that this place got this in writing. And you have to remember, this was back in 1982," Daly said. "We’ve never run into it before, and we’ve done sweeps on South Street (for paraphernalia)."
L&I has no immediate plans for further action at Artifax, as the case is under review by the city Law Department. According to Chief Inspector William Blackburn, who heads the police department’s narcotics bureau, the police are in the same boat.
"We’re reaching out to the city solicitor’s office for some kind of interpretation on the (permit)," Blackburn said.
Just how the lawyers size up the Artifax scenario could impact local drug-paraphernalia investigations for years to come.
The police routinely include paraphernalia charges in cases in which they find packaging and processing materials along with actual drugs, regardless of the quantity of the controlled substance found.
In addition, as recently as a year ago, authorities raided and shut down a local check-cashing business for selling many of the same items typically found at Artifax.
On Sept. 15, 2005, narcotics officers raided Pratt Services Check Cashing, at 1532-34 Pratt St., for selling colorful glass water bongs and pipes, thousands of small plastic bags and pill containers, rolling papers and scales.
In addition to the alleged paraphernalia, cops seized $334,000 in cash, a revolver, a shotgun and computer equipment, but no actual drugs.
Chief Inspector Keith Sadler, then-boss of the narcotics bureau, described the business as a one-stop shop for drug dealers. At the time, Sadler invited residents to report other suspected "head" shops in the city.
"To say that the sale of drug wares is a minor offense and delivery of drugs is a felony . . . to me, there’s no distinction," Sadler said. ••
Reporter William Kenny can be reached at 215-354-3031 or bkenny@phillynews.com
In addition to the alleged paraphernalia, cops seized $334,000 in cash, a revolver, a shotgun and computer equipment, but no actual drugs.
What would a check cashing store in the inner city be doing with cash ... They Must be drug dealers ...confiscate everything </Sarc>
Typical government moron douple speak. He inadvertently gives himself away. The fact that he can't clearly express the intent of the desired law in simple English language should tell him he's meddling in an area he shouldn't be. But that thought would never occur to a politician.
If you see your local corner store selling little glass tubes with a decorative tiny flower in them then call the manager and bitch at them for selling crack pipes.
To an ordinary person these look like a harmless little flower decoration- but they put copper brilo pad in them as a filter, and smoke crack from them
When my corner store started selling these me and the neighbors got together and went into the store and broke them all - several times. He stopped stocking them
Wow!!!! keyword donutwatch deserved and added.
ping
Opened in 1976, Artifax joined forces with five other similar businesses in 1982 to sue the city in federal court to protect their right to market certain smoking-related items. As a result of the suit, the plaintiffs were awarded city business permits that year allowing them to sell the items.
The list included pipes, tobacco products, screens, scales (for weighing loose smoking products), bongs, magazines, apparel and, believe it or not, "drug paraphernalia," a term that both federal and state law today use in the aforementioned context.
Time to come clean - For 35 years I've thought that Hookah was the smoking caterpillar's name.
" the neighbors got together and went into the store and broke them all - several times. "
And you are proud of your vandalism? You should've been locked up.
I used to roll my own cigarettes (back when I smoked). I always felt like a druggie buying the papers.
One of my favorite markets sells hookahs as well as the charcoal and flavored tobaccos to go with them. They're tempting, but I don't think that the Mrs. would go for a hookah on the coffee table.
I'm glad Philly is so crime-free the cops have nothing better to do than harrass business-owners.
Marijuana is a naturally growing plant. Poision ivy does more harm but is perfectly legal. I cannot get over the retardation of that.
Of course you can. But legitimate ones cash checks, they don't sell baggies, scales, empty vials and other drugdealing paraphernalia.
This one did.
Scales and vials? Please.
Yes I am- there were selling crack pipes
Now they don't
Which do you think is worse?
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