Drug Paraphernalia Law Thought Difficult to Enforce

By Brian Cole

Published on October 03, 2006

When pot smokers and other drug users are charged with possession of drug paraphernalia, it is usually because the device or devices contain some trace of illicit substances, which proves its purpose. The law remains much less clear when paraphernalia has not yet been used. The sticking point for police and prosecutors is that anything used to smoke marijuana might also be used to smoke tobacco.

Hillsborough County Attorney Marguerite Wageling said that prosecutors are hard pressed to prove the intended use of drug paraphernalia beyond a reasonable doubt. One such case that highlights the law’s difficulties involved arrests at Smoke Signals Pipe & Tobacco in Dover. The shop and its staff were charged with possession of drug paraphernalia; however, the charges were dropped because prosecutors did not allege that anyone at the shop could have been assured of the products intended use.

Charges against the shop were later refiled, and the store was acquitted. However, Judge Bruce Mohl confiscated the pipes and other products, saying they were in fact drug paraphernalia. The store has appealed and the state Supreme Court is scheduled to hear the case.

The lawyer for Smoke Signals, Jonathan Cohen, argues that the law is unconstitutionally vague and says the charges should be dismissed.

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