City handling pipe ban badly
February 10, 2006
When it comes to state law, city officials should never take it upon themselves to reinterpret it.
Yet, that’s exactly what happened Tuesday when DeKalb police entered several tobacco shops and ordered the removal of glass pipes.
The concern arose after a parent called city hall to report DeKalb High School students were talking about the influx of available pipes.
To justify their removal, police cited the Drug Paraphernalia Control Act. The law forbids the selling of devices primarily used for the ingesting of cannabis. Items labeled, or historically used for tobacco use are exempt from the law.
To justify the order, city officials have said it is not probable the pipes are used for tobacco.
“I have never seen anyone smoking tobacco out of these dope pipes,” DeKalb police Lt. Jim Kayes said.
City Attorney Norma Guess cited a 1986 case that stated labeling a product was not sufficient.
The actions the city is taking to prevent the use of cannabis are not wrong. In fact, they are quite commendable. However, the problem is the way it has been handled.
The fact is state law currently offers a loophole that allows for the sale of glass pipes for tobacco even though they are commonly known to be used for cannabis.
This problem is compounded when considering the harm it will do for these businesses. Smoker’s World agreed to sell off the inventory in the next week by marking it for half price. The Huka Corner owner Joel Harb has promised to legally fight the action. Both stores undoubtedly will have to endure some financial burden for doing something that is well within their rights.
are not breaking the law and if the city’s only justification is the pipes are probably being used to ingest illegal substances.
If the city really wanted to forbid the sale of glass pipes, the city council could pass a specific ordinance for it.
Until then, DeKalb officials should stick to what they know best and save the state lawmaking to those who know better.