Task force targets paraphernalia in fight against illegal drug use
By THOMAS MICHALSKI
Article published on Thursday, Jan. 12, 2006  |
PINELLAS COUNTY – Drug paraphernalia can legally be purchased throughout Pinellas County in convenience stores, tobacco shops and service stations.
And that problem only will worsen if something isn’t done about it, said County Commissioner Kenneth Welch, who heads the county’s Drug Paraphernalia Abatement Task Force.
“We must close the loopholes that allow such things to be openly purchased,” Welch said.
The commissioner cited firework vendors whose tents peppered the county. Customers had to sign a contract promising that the explosives would be used for such things as mining operations.
That loophole was closed and firework sales are now banned.
Many believe that legislation, whether it is at the local or county or even state level, is required to get glass pipes, bongs and other items off the shelves.
“Eventually there will be ordinances or even state laws to regulate paraphernalia,” said Sgt. Dan Zsido of the Pinellas County Sheriff’s Office narcotics intelligence section. “Right now our hands are tied and there is little we can do.”
Paraphernalia is described as any “legitimate equipment, product or material that is modified for making, using or concealing illegal drugs.”
Under the U.S. drug paraphernalia laws, it is illegal to sell anything that can be used with or for illegal drugs.
And that’s where the law forks and is open to interpretation. One side makes paraphernalia illegal if used with illegal drugs. The other says it’s legitimate if it’s clean.
A water pipe, syringe or metal bowl can be purchased legally, but becomes illicit when used in the production or abuse of narcotics.
In other words, it’s OK to buy all the pipes, roach clips and bongs you want. They only become illegal drug paraphernalia when used with illicit drugs.
Zsido, a 24-year police veteran, said officers must prove use or intent to use.
“A deputy who stops a motorist with a bag of marijuana and a pipe in his possession can prove intent,” Zsido said. “There is nothing we can do if an officer stops that same man with only a clean pipe in his possession.”
Florida law identifies numerous every day items as illegal under the law, if used for drugs.
The items include scales, blenders, bowls, pipes, balloons and even duct tape.
In determining whether an object is drug paraphernalia, however, police must prove a direct violation of drug laws. More important, there must exist a residue of drugs in or on the implement.
Any advertising or instructions in relation to drug use also makes an implement illegal.
Randy Heine, a mayoral candidate in Pinellas Park, owns Rocking Cards of Gifts on Park Boulevard. It is identified by the Task Force as a “head shop.” He claims none of the pipes or other items in his shop are illegal.
“I dare anyone to prove that I sell anything here that I know is used for drugs,” Heine said. “Everything here is protected by the law.”
Druggies crowned Heine’s store as “head shop” because it’s where they go for what can become narcotics paraphernalia. The Pinellas County Sheriff’s Office also includes 4 Play Video, Sydney’s Specialty and XXX-cxlusive Video as places to buy such goods.
Heine hates being labeled as a “head shop owner” or “adult store owner,” even though his other products are clearly pornographic. The shop does not sell X-rated publications or videos, but does display an abundance of sexually explicit clothing, toys and games.
There are 15 establishments in Pinellas Park named by the task force as drug paraphernalia merchants. Largo police named 12 in that city while St. Petersburg identified five within their boundaries.
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Article published on Thursday, Jan. 12, 2006
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