SirBlazinBowl
New Member
The Fort Payne City Council agreed Tuesday to ask Fort Payne City Attorney Rocky Watson and other representatives of the city's legal community to comment on the proposed ban of what council members call drug paraphernalia at stores in the city.
The legal delegation will likely be made up of Watson, Fort Payne City Judge Pat Tate, DeKalb County Assistant District Attorney Ben Baxley and possibly others none were present for a council work session Tuesday. At the session, council members fielded comments from Fort Payne Police Chief David Walker, others from the city's police force and Liz Wear, director of Partnership for a Drug-Free DeKalb.
At issue is whether or not the council should adopt an ordinance, modeled after one recently passed in Rockmart, Ga., that would prohibit local sales of what the city calls drug-related items. Councilman Andrew Hairston previously said he would sponsor the ban of such items, typically sold mainly in convenience stores. The ban would prohibit or limit the sale of such items as rolling papers, small glass flower vases, glass cigar cases and high-intensity butane lighters. Hairston said while the sale of such items is legal, the items are really no more than thinly disguised drug use or enhancement products. While council members and law enforcement agreed a prohibitive ordinance could be a deterrent to local drug use, there are also many possible pitfalls to such a ban including questions of constitutionality and enforceability.
"Most of the items the proposed ordinance would ban are ancillary," said councilman Andy Parker. "I just don't see how we could enforce an outright ban."
Wear earlier gave the following breakdown for what she believes are typical uses of the products a proposed ordinance might target:
Tobacco rolling papers: once used to "roll" loose tobacco to make cigarettes, now typically used to "roll" marijuana cigarettes, or "joints."
High-intensity butane or "turbo" lighters, can be used because they put out an intense flame far greater than that needed to light a cigarette or cigar.
Hairston earlier said he would likely propose an ordinance that would prohibit the sale of all such items, as well as other "drug-related" items, such as scales ostensibly used to calibrate carburetors on automobiles but often used to weigh drugs, and items such as Chronic Candy, a marijuana-flavored lollipop and gumdrop line that claims "every lick is like taking a hit." The hemp-based confections are imported into the U.S. from Switzerland and contain no THC, the psychoactive ingredient in marijuana.
"The concern here is that this is something that is targeting children," Wear said.
Council President Johnny Eberhart said he believes the council should at least make an attempt to regulate local sale of so-called "drug-related" products, but said he fears enacting a local law that would cause more work for local law enforcement and result in arrests that wouldn't hold up in court.
Walker suggested the possibility of petitioning for a statewide law -- he said
rolling papers, scales, roach clips, bongs, and other materials used to manufacture or prepare drugs for personal use or distribution are all items which can be considered drug paraphernalia, under existing state law. Possession of drug paraphernalia is a Class A misdemeanor, punishable by up to one year in jail and a $2,000 fine.
However, Walker said state drug paraphernalia laws often pertain specifically to how an item is being used at a given time he said almost any item can be identified as drug paraphernalia, as long as drugs or drug residue are found in connection with the item.
He cautioned that an ordinance imposing an outright ban might be difficult for police to enforce, because almost all of the items likely to fall under the ban have legal uses unrelated to drug use.
Mayor Bill Jordan said he would support a move to enact a statewide law, but said he feels an effort should first be made on a local level to curb the sales and availability of the items.
Hairston said if a band is passed in Fort Payne, he would ask other municipalities in the county, as well as the DeKalb County Commission, to pass a similar type of law.
The council agreed to allow the legal delegation to review the ordinance recently passed in Rockmart, Ga., and comment on whether or not passage of such an ordinance in Fort Payne would be viable.
Newshawk: SirBlazinBowl - 420Times.com
Source: Times-Journal, The (Fort Payne, AL)
Copyright: 2005 Times-Journal
Contact: tjnews@times-journal.com
Website: times-journal.com | DeKalb County's Oldest Newspaper
Author: Mark Harrison
The legal delegation will likely be made up of Watson, Fort Payne City Judge Pat Tate, DeKalb County Assistant District Attorney Ben Baxley and possibly others none were present for a council work session Tuesday. At the session, council members fielded comments from Fort Payne Police Chief David Walker, others from the city's police force and Liz Wear, director of Partnership for a Drug-Free DeKalb.
At issue is whether or not the council should adopt an ordinance, modeled after one recently passed in Rockmart, Ga., that would prohibit local sales of what the city calls drug-related items. Councilman Andrew Hairston previously said he would sponsor the ban of such items, typically sold mainly in convenience stores. The ban would prohibit or limit the sale of such items as rolling papers, small glass flower vases, glass cigar cases and high-intensity butane lighters. Hairston said while the sale of such items is legal, the items are really no more than thinly disguised drug use or enhancement products. While council members and law enforcement agreed a prohibitive ordinance could be a deterrent to local drug use, there are also many possible pitfalls to such a ban including questions of constitutionality and enforceability.
"Most of the items the proposed ordinance would ban are ancillary," said councilman Andy Parker. "I just don't see how we could enforce an outright ban."
Wear earlier gave the following breakdown for what she believes are typical uses of the products a proposed ordinance might target:
Tobacco rolling papers: once used to "roll" loose tobacco to make cigarettes, now typically used to "roll" marijuana cigarettes, or "joints."
High-intensity butane or "turbo" lighters, can be used because they put out an intense flame far greater than that needed to light a cigarette or cigar.
Hairston earlier said he would likely propose an ordinance that would prohibit the sale of all such items, as well as other "drug-related" items, such as scales ostensibly used to calibrate carburetors on automobiles but often used to weigh drugs, and items such as Chronic Candy, a marijuana-flavored lollipop and gumdrop line that claims "every lick is like taking a hit." The hemp-based confections are imported into the U.S. from Switzerland and contain no THC, the psychoactive ingredient in marijuana.
"The concern here is that this is something that is targeting children," Wear said.
Council President Johnny Eberhart said he believes the council should at least make an attempt to regulate local sale of so-called "drug-related" products, but said he fears enacting a local law that would cause more work for local law enforcement and result in arrests that wouldn't hold up in court.
Walker suggested the possibility of petitioning for a statewide law -- he said
rolling papers, scales, roach clips, bongs, and other materials used to manufacture or prepare drugs for personal use or distribution are all items which can be considered drug paraphernalia, under existing state law. Possession of drug paraphernalia is a Class A misdemeanor, punishable by up to one year in jail and a $2,000 fine.
However, Walker said state drug paraphernalia laws often pertain specifically to how an item is being used at a given time he said almost any item can be identified as drug paraphernalia, as long as drugs or drug residue are found in connection with the item.
He cautioned that an ordinance imposing an outright ban might be difficult for police to enforce, because almost all of the items likely to fall under the ban have legal uses unrelated to drug use.
Mayor Bill Jordan said he would support a move to enact a statewide law, but said he feels an effort should first be made on a local level to curb the sales and availability of the items.
Hairston said if a band is passed in Fort Payne, he would ask other municipalities in the county, as well as the DeKalb County Commission, to pass a similar type of law.
The council agreed to allow the legal delegation to review the ordinance recently passed in Rockmart, Ga., and comment on whether or not passage of such an ordinance in Fort Payne would be viable.
Newshawk: SirBlazinBowl - 420Times.com
Source: Times-Journal, The (Fort Payne, AL)
Copyright: 2005 Times-Journal
Contact: tjnews@times-journal.com
Website: times-journal.com | DeKalb County's Oldest Newspaper
Author: Mark Harrison
