Pubdate: Fri, 19 Dec 2008
Source: North County Times (Escondido, CA)
Copyright: 2008 North County Times
Contact: http://www.nctimes.com/forms/letters/editor.html
Website: http://www.nctimes.com
Details: http://www.mapinc.org/media/1080
Author: Sarah Gordon, Staff Writer
Bookmark: http://www.mapinc.org/find?228 (Paraphernalia)

REGION: SMOKE SHOPS RAIDED IN VISTA, SAN MARCOS, ESCONDIDO

Officials Seize Thousands Of Pipes In Vista, San Marcos, Escondido

As part of a crackdown on so-called "head shops" and smoke shops, law 
enforcement officials this week served search warrants at 11 businesses in 
Vista, San Macros and Escondido.

They seized thousands of pipes and other smoking materials that authorities 
said are blatant drug paraphernalia.

Shopkeepers and owners at some of the shops were cited for misdemeanor drug 
charges, mostly for selling paraphernalia, but more charges could be filed 
as the investigation continues, said Damon Mosler, a deputy district 
attorney who heads the office's narcotics unit.

The operation was in response to numerous complaints from the public 
countywide about the shops, which have proliferated over the last few 
years, Mosler said.

The District Attorney's office spearheaded the crackdown, which was carried 
out by Escondido police and San Marcos and Vista sheriff's deputies.

"Head shops" are characterized by overt references to drug culture ---- for 
example, they stock magazines about drug use, psychedelic artwork and 
T-shirts emblazoned with marijuana leaves ---- all legal merchandise, 
Mosler said. But the shops also sell various smoking pipes, from 
pocket-sized to 6-feet-tall.

Mosler said the pipes are offered under the pretense they are used for 
tobacco. In many of the shops, customers know they must ask to see a "water 
pipe" instead of a "bong," a drug term.

"I believe a jury will tell me that's not for tobacco," Mosler said. "It's 
common sense that it's for marijuana, and not tobacco."

Because the enforcement push is new, it is not clear how successful 
prosecutions will be. The District Attorney's office has filed charges 
against individuals from two Imperial Beach shops that sheriff's deputies 
raided in late October, Mosler said, but those cases have not been tried yet.

The new enforcement began in North County about a month ago, when the 
District Attorney's office sent letters to 20 head shops and tobacco stores 
in Escondido, Vista and San Marcos warning them they might be in violation 
of laws against the sale of drug paraphernalia.

Undercover detectives then entered the shops to see whether they had 
complied with the letter, Mosler said. They found that nine shops, mostly 
mom-and-pop tobacco shops that had stocked a few incidental marijuana 
pipes, had complied.

But detectives said seven shops in Escondido, two in Vista and two in San 
Marcos are accused of continuing to sell drug paraphernalia, or selling 
tobacco products to minors. Mosler would not detail each store's exact 
offense, or how detectives concluded the items were for drug use.

The shops that authorities said were violating the law were raided 
Wednesday and Thursday. A complete list of the shops was not available Friday.

Manager Chris Pancer seemed miffed when about 10 Escondido police officers 
descended on Smokin' Glass, a strip mall store on Felicita Avenue, on 
Thursday afternoon.

"We have nothing to hide. Everything in here is for legal tobacco use; 
they're probably looking for stuff for illegal drug use," Pancer said.

The pristine store had hundreds of what Pancer called "art pieces for 
tobacco use" arranged neatly on shelves on each side of the store, art 
glass figurines and small colorful pipes in cases. There were no references 
to drugs in the store; a bold sign in the window asserts, "All items sold 
at this store are for use with tobacco and legal herbs only."

Pancer asked the police to be careful with the merchandise as they wrapped 
and boxed it. He said some of the shop's items sold for more than $1,000.

Escondido police Lt. Craig Carter said undercover detectives had cited 
Pancer selling a pipe to someone under 18, a misdemeanor. Pancer said he 
always carded customers.

A woman who identified herself as the shop's owner, but would give only her 
first name, showed up as police worked. She grew increasingly upset, and 
explained that she had opened the shop to serve people who want to enjoy 
smoking tobacco leaves in a beautiful piece of art glass ---- a legal venture.

Mosler said that 17,300 items were seized from the shops in three cities 
this week. If individuals from the shops are convicted of selling drug 
paraphernalia, the stock, which was seized as evidence, will not be returned.

The misdemeanor charge carries a penalty of fines and up to six months in 
jail, Mosler said. But he said he wasn't interested in punishing the shops 
- ---- only in getting them to stop selling the drug paraphernalia. 
- ---
MAP posted-by: Jo-D