Pubdate: Wed, 15 Aug 2001
Source: Ann Arbor News (MI)
Copyright: 2001 The Ann Arbor News
Contact:  http://aa.mlive.com/
Details: http://www.mapinc.org/media/20
Author: Chong W. Pyen

DEXTER PASSES LAW BANNING DRUG TOOLS

DEXTER - The village has joined a growing number of municipalities with 
laws allowing police to arrest anyone who has tools for illegal drug use 
even if drugs aren't found.

An ordinance adopted by the Village Council Monday prohibits possession of 
drug paraphernalia, ranging from facilities and equipment for growing 
marijuana to hypodermic syringes for injection of controlled substances.

The ordinance, passed by a vote of 7-0, takes effect 20 days after 
publication in a local newspaper. Violators can face up to a $500 fine or 
90 days in jail or both.

The two-page ordinance has a long list of materials any law-abiding citizen 
may possess or use routinely. In order to prosecute someone, law 
enforcement officials will need reason to believe that the materials are 
intended for use or production of marijuana, cocaine, hashish, hashish oil 
or another controlled substance. Among the items listed:

Water pipes.

Scales, balances, testing equipment (for measuring and compounding cocaine).

Blenders, bowls, spoons, mixing devices.

Capsules, balloons, envelopes (for packaging small quantities of controlled 
substances).

Hypodermic syringes, needles for injection.

Roach clips (used to hold a burning marijuana cigarette too short to hold 
in the hand).

John Coy, village president, said the ordinance was requested by the 
Sheriff's Department so that officers could have more options when they 
make a traffic stop or respond to domestic violence and spot obviously 
drug-related items.

"We have few problems in our community, but it just gives them (police) 
another tool to discourage such activities," Coy said. As for any potential 
complaint that the law gives too much power and discretion to police, Coy 
said: "We have a very strong community policing effort. It's pretty clear 
that we are just going after abusers."

Many urban communities, including the city of Ypsilanti, have enacted 
similar laws to give police broader powers to fight suspected drug use and 
trafficking.

The city of Ann Arbor does not have such an ordinance, said Kristen Larcom, 
assistant city attorney.

Similar drug paraphernalia laws have the backing of the nation's highest 
court as long as they are not too broad, said Wendy Wagenheim, 
communications director of the American Civil Liberties Union chapter in 
Detroit.

"As long as there is adequate definition and people have fair warning on 
what would be considered illegal paraphernalia, the U.S. Supreme Court has 
upheld the right to arrest for possession of drug paraphernalia," she said.
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