Florida Hates Head Shops - And Plans to Close Them

[TorturedSoul]

This one almost escaped my notice. I did not see mention of it here so I felt that I should post it. AfaIK, this would not only see the closure of all "head shops" in the state of Florida, but also prohibit any store - other than tobacco shops - from selling such merchandise (even if it is just a very small part of their merchandise). To me such a law seems wrong because it goes farther than "just" prohibiting the sales of items that are specifically advertised/sold as paraphernalia (which, arguably, a state and/or locality has the right to decide) - it dictates which stores can and cannot sell certain items whether or not they are found to be illegal in and of themselves. For example, a store that does business in pipe tobacco, but does not focus almost exclusively on tobacco sales (to wit: less than 75% of its sales) would not be allowed to sell a pipe to go along with that tobacco.

Surprisingly (or perhaps not, considering the state), there does not seem to be much information available on the Internet about this.

Here is the relevant text of the article, as posted:

In an effort to crack down on pipe and bong sales at head shops, the Senate on Wednesday unanimously voted to ban such sales unless 75% of store sales come from tobacco.
Senate Bill 366 would also require that store owners hold a tobacco-sales license and make no more than 25% of their revenue from selling pipes and other smoking devices.
Senators voted 36-0 to pass the bill sponsored by Stephen Wise, R-Jacksonville.
An identical bill (HB 187) is poised for the House floor.


Source: Florida House approves animal protection bill
Date published: April 21, 2010
Author: Josh Hafenbrack
Publication: Sun Sentinel

 

[Wingman420]

God forbid the govt allow an existing tobacco retailer from selling all things to do with tobacco. NO instead they have a formula that only if your total sales are 75% from tobacco will the store be allowed to sell pipes and other valuable smoking devices. CRAZY

I used to live in Miami back in the 80's and early 90's I saw ATF with full battle gear on raid flea market vendors for selling some bullsh*t roach clips and pipes. I know in RI and many States it is a crime to posess or sell any drug paraphernalia such as glass pipes, bongs, bubblers, etc but MMJ in RI can have all forms of pipes and mmj paraphernalia.

 

[TorturedSoul]

God forbid the govt allow an existing tobacco retailer from selling all things to do with tobacco. NO instead they have a formula that only if your total sales are 75% from tobacco will the store be allowed to sell pipes and other valuable smoking devices. CRAZY

Here's something that's even crazier that I thought of while reading your post. A tobacco store is doing a pretty good business but for whatever reason they have a couple of really good weeks as far as selling "smoking devices" goes. You are in line waiting to pay for your pipe behind another person who is waiting to purchase the same model. That person's transaction goes through but when you try to purchase yours the salesperson tells you that they are sorry but if they were to sell it to you it would drop their ratio of tobacco sales below that required 75% of gross sales. Now legally they would be in the right - and thanks to the efficiency of computerized point of sale software, this scenario is quite possible. But it would bring up the situation of you being legally allowed to purchase an item (since it has not been proven to be "drug paraphernalia" unless and until you use it as such) - but the store refusing to sell it to you.

Hmm.

I used to live in Miami back in the 80's and early 90's I saw ATF with full battle gear on raid flea market vendors for selling some bullsh*t roach clips and pipes. I know in RI and many States it is a crime to posess or sell any drug paraphernalia such as glass pipes, bongs, bubblers, etc but MMJ in RI can have all forms of pipes and mmj paraphernalia.

There are some larger flea markets within a hundred miles or so of me that (somehow) manage to legally sell prepared food. I can think of much better uses for law-enforcement at them than rousting folks that are selling pipes. Like inspecting the kitchens...

Those hand-rolled cigarettes from India, bidis or whatever they're called. I've read that they are illegal in many areas because the LEOs are confused by them. I must say that I've never managed to confuse a hand-rolled TOBACCO cigarette with a cotton filter that is wrapped with a tobacco leaf and tied with a piece of string with a joint (not even from 30 feet away), but then again I never had the training that LEOs go through. Do you suppose that training involves EST and bludgeoning them in the head?

 

[jonelu]

If the shop owners and Fl residents dont get it together soon and fight...this will be law soon. Its an attack against alot of small business owners PLUS many of these shops are in lower rent buildings where the property owner cant afford to lose tenants.
People with interests need to mobilize.

 

[TorturedSoul]

I don't have a source to quote for this because I was searching for something else was in a hurry, but I read earlier that both Florida Houses had passed this and that the bill was only awaiting the governor's signature (if he has not already signed it at this time) to become law.

So, if you live in the state of Florida it might be a good time to buy that smoking device if you've been putting the purchase off.

 

[chancedebris]

bill was signed today. I think you have to get an ultrasound before you can buy a lighter. (i jest)
while they might be crooks, they also seem to all be doctors that know what is best for everyone (else, that is).