Pubdate: Thu, 15 Sep 2005
Source: Times-Journal, The (Fort Payne, AL)
Copyright: 2005 Times-Journal
Contact:  http://www.times-journal.com/
Details: http://www.mapinc.org/media/1883
Author: Mark Harrison, The Times-Journal
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

CITY TARGETS PARAPHERNALIA

The Fort Payne City Council agreed Tuesday to ask Fort Payne City
Attorney Rocky Watson and other representatives of the city's legal
community to comment on the proposed ban of what council members call
drug paraphernalia at stores in the city.

The legal delegation will likely be made up of Watson, Fort Payne City
Judge Pat Tate, DeKalb County Assistant District Attorney Ben Baxley
and possibly others -- none were present for a council work session
Tuesday.

At the session, council members fielded comments from Fort Payne
Police Chief David Walker, others from the city's police force and Liz
Wear, director of Partnership for a Drug-Free DeKalb.

At issue is whether or not the council should adopt an ordinance,
modeled after one recently passed in Rockmart, Ga., that would
prohibit local sales of what the city calls drug-related items.
Councilman Andrew Hairston previously said he would sponsor the ban of
such items, typically sold mainly in convenience stores.

The ban would prohibit or limit the sale of such items as rolling
papers, small glass flower vases, glass cigar cases and high-intensity
butane lighters. Hairston said while the sale of such items is legal,
the items are really no more than thinly disguised drug use or
enhancement products.

While council members and law enforcement agreed a prohibitive
ordinance could be a deterrent to local drug use, there are also many
possible pitfalls to such a ban -- including questions of
constitutionality and enforceability.

"Most of the items the proposed ordinance would ban are ancillary,"
said councilman Andy Parker. "I just don't see how we could enforce an
outright ban."

Wear earlier gave the following breakdown for what she believes are
typical uses of the products a proposed ordinance might target:

Tobacco rolling papers: once used to "roll" loose tobacco to make
cigarettes, now typically used to "roll" marijuana cigarettes, or "joints."

Glass flower or "bud" vases: marketed as novelty flower vases, these
3- to 4-inch glass tubes can be used as crack or meth pipes.

Glass cigar tubes, can be used as crack or meth pipes.

High-intensity butane or "turbo" lighters, can be used to heat meth or
crack pipes because they put out an intense flame far greater than
that needed to light a cigarette or cigar.

Hairston earlier said he would likely propose an ordinance that would
prohibit the sale of all such items, as well as other "drug-related"
items, such as scales ostensibly used to calibrate carburetors on
automobiles but often used to weigh drugs, and items such as Chronic
Candy, a marijuana-flavored lollipop and gumdrop line that claims
"every lick is like taking a hit." The hemp-based confections are
imported into the U.S. from Switzerland and contain no THC, the
psychoactive ingredient in marijuana.

"The concern here is that this is something that is targeting
children," Wear said.

Council President Johnny Eberhart said he believes the council should
at least make an attempt to regulate local sale of so-called
"drug-related" products, but said he fears enacting a local law that
would cause more work for local law enforcement and result in arrests
that wouldn't hold up in court.

Walker suggested the possibility of petitioning for a statewide law --
he said

crack pipes, rolling papers, scales, syringes, roach clips, bongs, and
other materials used to manufacture or prepare drugs for personal use
or distribution are all items which can be considered drug
paraphernalia, under existing state law. Possession of drug
paraphernalia is a Class A misdemeanor, punishable by up to one year
in jail and a $2,000 fine.

However, Walker said state drug paraphernalia laws often pertain
specifically to how an item is being used at a given time -- he said
almost any item can be identified as drug paraphernalia, as long as
drugs or drug residue are found in connection with the item.

He cautioned that an ordinance imposing an outright ban might be
difficult for police to enforce, because almost all of the items
likely to fall under the ban have legal uses unrelated to drug use.

Mayor Bill Jordan said he would support a move to enact a statewide
law, but said he feels an effort should first be made on a local level
to curb the sales and availability of the items.

Hairston said if a band is passed in Fort Payne, he would ask other
municipalities in the county, as well as the DeKalb County Commission,
to pass a similar type of law.

The council agreed to allow the legal delegation to review the
ordinance recently passed in Rockmart, Ga., and comment on whether or
not passage of such an ordinance in Fort Payne would be viable.
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