Pubdate: Mon, 17 Dec 2001 Source: Sudbury Star (CN ON) Copyright: 2001 The Sudbury Star Contact: http://www.thesudburystar.com Details: http://www.mapinc.org/media/608 Author: Rob O'Flanagan 'LEGAL AMBIGUITY' LEADS TO ARREST OF AREA MERCHANT Man Charged With Promoting Drug Use By Selling Tobacco Smoking Accessories In His Store Dan Dubois says he has been selling tobacco smoking paraphernalia for close to five years, in his Dubois Collectibles in the Place Bonaventure mall in Chelmsford, without any problems with the law. Back on Oct. 30, Greater Sudbury Police officers raided the store, confiscated close to $4,000 worth of merchandise and arrested and charged Dubois. Sgt. Gary Davidson of the drug unit says Dubois has been charged with two counts of promoting illicit drug use. The items that were confiscated from his store are not illegal products in Canada, so long as they are not directly sold as items for drug use. "No, they are not illegal, not until you portray them as drug-related," said Davidson. "You have committed an offence if you say those items are good for smoking marijuana or hash oil. In that case, a merchant would be promoting and selling instruments for illegal drug use." The products Dubois was selling are readily available in stores in Sudbury and throughout the country. An array of small pipes, bongs, clamps, hemp papers and scales were among the items confiscated, according to Dubois. But items that could never be associated with drug use, he added, were also seized, including shot glasses, candle holders, lighters and scissors. "I was told that an undercover cop came in here and more or less let me know that he would be using these products for drugs," said Dubois. "Next thing we know the police entered the store with a canine unit, handcuffed my employee and ransacked the place. I was arrested and thrown in jail." All of the products in question were kept out of view of minors, behind the door of a small back room. A sign on the door reads: "Tobacco products restricted 19 years or older. Please enter." A disclaimer on a display case also states that the products are not to be used for illegal substances. Dubois argues that there are ambiguities in the law, and that retailers shouldn't bear the brunt of it. "I purchase these items from a wholesaler," Dubois said. "Whatever they sell me, I can resell. If the authorities are saying these products are illegal, why don't they stop them at the source? If it's a morality issue then stop the stuff before it comes into the country." Dubois admits that some people may be using the items to smoke cannabis or hash oil, but he has no way of telling that. Davidson defends the police action, saying undercover officers engage in activities such as making drug purchases in order to arrest drug dealers. Such activities are legitimate means of curtailing illegal activities. "These laws are still on the books and such activities are a criminal offence," Davidson said. "Until that changes, we will continue to deal with them." - --- MAP posted-by: Larry Stevens