Pubdate: Thu, 01 Dec 2005
Source: Daily Times, The (MD)
Copyright: 2005 The Daily Times
Contact: http://www.delmarvanow.com/customerservice/contactus.html
Website: http://www.thedailytimesonline.com
Details: http://www.mapinc.org/media/116
Author: Kim Mitchell

DRUG GEAR TOO EASY TO GET

SALISBURY -- Three little words can prevent convenience store owners 
from heavy fines or jail time when it comes to would-be drug paraphernalia.

By plastering the words "For Tobacco Use" on the display cases 
containing glass pipes, a store owner can avoid being charged with 
paraphernalia crimes that can result in up to eight years in prison, 
a $15,000 fine or both.

"We're only selling it to you if you are going to use it for 
tobacco," Wicomico County Deputy State's Attorney Sam Vincent said of 
the store owners. "That's their way to disclaim accusation."

Proving a clerk sold an item to a customer knowing he or she was 
going to use it for drugs is difficult.

"They try to get around the law through ignorance," said Wicomico 
Assistant State's Attorney Beau Oglesby, who prosecutes drug cases 
for the county. "They don't want to know why you're buying it."

Oglesby said making a legal case against head shops, which more often 
sell would-be drug paraphernalia, is hard enough. Convenience stores 
would be even more difficult.

So-called "head shops" sell T-shirts and black light posters with 
felt marijuana leaves, magazines such as High Times and bumper 
stickers displaying the time 4:20. They don't, however, sell tobacco 
to use in the "For Tobacco Use" pipes, bongs and one-hitters on 
display, he said.

"But convenience stores don't have the items that would paint a 
picture for you of what these things are really used for," Oglesby said.

Another difficulty police and prosecutors find is that there are 
legitimate, legal purposes for the items drug users convert into 
paraphernalia, said Maj. Gary Baker of the Wicomico County Sheriff's Office.

"Our job is to enforce the law. It's not against the law to sell 
these things," Baker said. "It's not our business until they are used 
for purposes that are illegal."

But officials are trying to change that in some cities.

In Delaware, a Wilmington councilman is trying to pass a law that 
would shut down convenience stores and gas stations from midnight to 
4 a.m., in part because some stores that sold makeshift paraphernalia 
would draw disorderly crowds.

But the purpose of the items, despite whether or not the majority of 
buyers use them illegally, prevents the items from being barred from 
convenience stores.

"It has a legitimate purpose until they use it for something 
illegal," Baker said. "That's when it crosses the line and becomes 
paraphernalia."

Drug users will often resort to common goods to make paraphernalia, Baker said.

"A Coke can can be bent up and put a hole through to make a crack 
pipe," he said. "It's the same theory."Illicit tools of the trade

Maryland law requires stores to keep tobacco products out of the 
reach of customers. Clerks must give patrons cigars, rolling papers 
and glass pieces from behind the counter.

Customers, however, don't have to ask for items that can be easily 
converted into drug paraphernalia.

Many Salisbury convenience stores sell a "Love Rose" that consists of 
a small plastic rose encased in a glass tube.

With a push, the rose is out, leaving an ideal crack pipe. Screens 
and filters are also sold in some stores.

"If (stores) are allowed to sell that stuff, then they should 
legalize it already," customer Matt Dos said about the glass pipes on 
the counter of a gas station on Snow Hill Road in Salisbury.

The store's clerk said he hardly ever sells the glass pipes encased 
and labeled with "For Tobacco Use."

"But you can buy it, if you have ID," he said.

Police say that some drug users will hollow out cigars, such as 
Philly Blunts, and fill them with marijuana. The Salisbury clerk said 
plenty of people come in for the cigars.

The Food Mart store on Old Ocean City Road also prevents liability by 
saying the pipes in the display case are for tobacco.

Store employee Ali Guieshi said he recently moved from an intense 
drug use area in Washington. Here in Salisbury, things are different, he said.

Guieshi said although the store has glass pipes for sale, customers 
rarely buy them. Rolling papers are also available, but aren't 
commonly purchased either.

Even though the store sees its share of cigar sales, Guieshi said 
drugs are not the reason.

"This area is very clean," he said. "I don't think they use it for 
those things."

Smaller stores tend to carry items they know customers will buy, said 
Vernon Bradley, owner of Bradley's Market on Lake Street.

The market carries cigars, but that's because customers -- especially 
older men -- buy them just to smoke.

Bradley, however, draws the line at items he thinks people will use illegally.

"I've seen too many people destroyed," he said. "I'm from the days 
when marijuana was (considered) harmless. But it's different now. I 
don't want any part of anything dealing with crack cocaine."

Jeovonia Johnson, a Bradley's employee, said people come in asking 
for the love roses and screens. She can only assume what the person 
intends to use them for -- smoking crack cocaine.

"Those roses are a slick way of selling that stuff through stores," 
she said. "It gets right to the customer."
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MAP posted-by: Beth Wehrman