Pubdate: Sun, 05 Aug 2007
Source: News & Observer (Raleigh, NC)
Copyright: 2007 The News and Observer Publishing Company
Contact: http://www.newsobserver.com/484/story/433256.html
Website: http://www.news-observer.com/
Details: http://www.mapinc.org/media/304
Author: Titan Barksdale
Bookmark: http://www.mapinc.org/find?228 (Paraphernalia)

PIPE SALES HAVE STORE IN HOT SEAT

In 2004, the war on drugs targeted several smoke shops in the 
Triangle, when federal agents raided them and seized smoking pipes. 
Most of the shops that were raided went out of business afterward.

Buddha's Belly on Hillsborough Street across from N.C. State 
University was resilient. It remained open despite authorities 
seizing more than 640 pipes marketed for tobacco use but often used 
for marijuana smoking. As a result of the raid, a criminal charge was 
recently filed in federal court against the shop, and its owner has 
been tight-lipped about how the case might affect the shop's future.

The charge against the shop and others like it resulted from 
"Operation Pipecleaner," a series of raids to seize smoking 
paraphernalia, which authorities have said encourages illegal drug use.

Last week, a federal prosecutor filed a charge in U.S. District Court 
against Buddha's Belly alleging the store sold drug paraphernalia, a 
felony. During the raids of stores in the Triangle, federal agents 
seized additional items they define as drug paraphernalia, such as 
rolling papers, bongs, and miniature spoons.

No arrests were made as a result the raids. Pipe sales were only a 
small part of Buddha's Belly business. It also sells skateboards, 
clothes and other merchandise.

The store's owner, James A. Long, Jr., could not be reached, and his 
lawyer, Robert Hale, Jr., would not comment about the charge. A 
business found guilty of criminal charges can be fined and placed on 
probation, said Hart Miles, a Raleigh lawyer. The length of probation 
is determined by federal sentencing guidelines, and federal law sets 
the amount of the fine.

"Several options are available to punish the business to make sure 
whatever activity that is unwanted is prohibited," Miles said. Miles 
represents Have Mercy Merchandising Inc., which was charged with the 
same crime on the same day as Buddha's Belly. The charges were filed 
against both businesses July 23 by Assistant U.S. District Attorney 
Barbara D. Kocher. Spotlight on stores Robin Zier, a spokeswoman in 
Raleigh for the U.S. District Attorney's office, said that an 
investigation of smoke shops in the area is continuing. Marijuana 
advocate Allen St. Pierre, executive director of a NORML, a group 
that seeks to legalize marijuana, is concerned about shop raids, 
especially when federal authorities bring criminal charges against 
those shops. Operation Pipecleaner was carried out by federal, state 
and local law enforcement officers in response to a directive by 
then-U.S. Attorney General John Ashcroft.

"If the local folks don't enforce these laws," St. Pierre said, "it 
seems rather ... [strange] for the federal government to be going after them."
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