Pubdate: Wed, 17 Mar 2004
Source: Daily Reflector (NC)
Copyright: 2004 Daily Reflector
Contact:  http://www.reflector.com/
Details: http://www.mapinc.org/media/1456
Author: Amanda Karr

CRACKDOWN ON SHOPS MAY TARGET GREENVILLE

A federal investigation into shops selling drug paraphernalia that began in
Wake and New Hanover counties could find its way into some Greenville
stores, but it isn't a priority for local law enforcement.

The investigation, dubbed Operation Pipecleaner, is a crackdown on shops
which openly sell drug paraphernalia such as pipes, roach clips and other
accessories.

The U.S. Attorney's Office kicked off the operation earlier this month,
executing search warrants on multiple shops in the Raleigh and Wilmington
areas and seizing items including brightly colored pipes, rolling papers and
miniature spoons. The operation is ongoing, and more searches are possible.

"Those involved with drugs in any manner need to be aware not just of the
health risks but also of the law enforcement focus. Those tempted to
experiment with drugs need to be reminded that the cost is far greater than
the purchase price of the drugs," U.S. Attorney Frank Whitney said of the
investigation.

Under a 1990 act, it's a federal crime to "sell or offer for sale drug
paraphernalia," punishable by up to three years in prison, as well as fines
and forfeitures. State law makes the use or possession with intent to use
drug paraphernalia for controlled substances a misdemeanor offense but has
no count against paraphernalia sales.

In Greenville, only a few blocks from both the federal and state
courthouses, hookahs and various pipes sit undisturbed on shelves amid
displays of incense, jewelry and candles. Not forgotten, though, the law
against drug paraphernalia is highlighted in signs interspersed among the
merchandise, reading "for tobacco use only."

At Ripple City Art Work on Evans Street, a message on a white board greets
patrons as they enter the store: "Absolutely no references to drugs or drug
paraphernalia will be tolerated. Do not use the "B" words!"

Several drug paraphernalia terms, such as bong and bowl, start with the
letter B.

Greenville Police Department Sgt. A.P. White of the narcotics unit said he
had spoken with the U.S. Attorney's Office about looking into shops with
questionable merchandise in Greenville but said a lack of resources was the
biggest obstacle.

"We've got major drug traffickers here and don't have the manpower to spare
to investigate head shops (drug paraphernalia shops). If we had bigger
manpower like Raleigh, we could do stuff like that," he said.

Although other drug problems are a priority, such an investigation always is
a possibility, he said.

Pitt County Sheriff's Office Chief Lee Moore said he wasn't sure how
effective such an operation would be at stopping drug use, but the
department would support a federal investigation if it came to Greenville.

"The people are creative on how they're going to smoke it," he said. "(An
investigation such as Operation Pipecleaner) is not really worth it, but
it's something you've got to do."

Eric Walls, manager of Expressions on Fifth Street, which sells a variety of
pipes and rolling paper, said the store's merchandise is solely for tobacco
use and wouldn't affect drug use whether it was sold or not.

"You're not going to stop people from doing what they're going to do. If
they're gonna say we can't sell this stuff because people might use it for
something illegal, you'll have to go ahead and outlaw soda cans, hell, even
apples," he said. "It's like saying you can't have a car because you might
get drunk and go out and kill somebody."

He said he's not worried about the shop being investigated.

"They might show up one day. They might not. Until anybody comes here, I'm
gonna keep selling this stuff," he said. "Stuff like this happens once every
few years. I think they're trying to scare people to go out of business.
They hope that people won't start businesses, and then they don't have to
worry."

He said the shop makes every effort to follow federal guidelines, which
define drug paraphernalia in part as "items primarily intended or designed
for use in ingesting, inhaling or otherwise introducing" illegal drugs into
the body. The statute lists more than a dozen examples of paraphernalia as
well as eight factors, such as instructions included with the item, that can
be considered in determining if an item is drug paraphernalia.

Expressions doesn't sell nontraditional smoking accessories such as roach
clips or mini spoons, puts tops and tubes on hookahs, gives away free
samples of tobacco with every sale and refuses to sell to anyone who uses a
drug paraphernalia term, Walls said.

"If someone comes in my store and asks for a bong, I tell them I don't sell
them here, and if they say it too many times, I ask them to leave," he said.

The store also sells a variety of other items from skateboards to sex toys,
with smoking products making up only a small part of the merchandise, he
said.

However, that diversified merchandising concerns Assistant U.S. Attorney
Paul Newby, coordinator of the operation.

"The owners of drug paraphernalia businesses glamorize drug use by stocking
drug paraphernalia along with clothing, posters and other items, such as
skateboards, that are attractive to and sought after by teen-agers and young
adults," he said in a news release. "These businesses are often located near
college campuses, encouraging experimentation by those tempted to be casual
users.

"... Through these marketing strategies aimed at young people, these
businesses suggest that the use of drug paraphernalia and the accompanying
drug usage is legitimate."

David Ames, who heads a county coalition against drug use, said he thinks
Operation Pipecleaner will send a message that drug use is not legitimate.

"It's a consistent message about drug use to (seize paraphernalia). It's
probably not the highest priority, but it's good," he said.

No charges have been filed against the owners or employees at the six stores
in Wake and New Hanover counties, where city and county law enforcement
along with Drug Enforcement Administration, United States Marshals Service
and State Bureau of Investigation agents seized items, but the investigation
is ongoing, Gloria Dupree with the U.S. Attorney's office said.

In February 2003, federal authorities charged 55 people with trafficking in
illegal drug paraphernalia in an investigation they said targeted the
nation's biggest Internet distributors of bongs, crack pipes and other drug
abuse gear.
- ---
MAP posted-by: Josh