Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
N.Carolina - Defense lawyers around Rock Hill are raising questions about the Police Department's request for a drug paraphernalia law that would criminalize bongs, pipes and other devices used to do drugs.
The way the law is written, attorneys say, suspects could also be arrested for having ordinary household items such as spoons and bottle caps.
Attorneys question whether the real aim is to generate more money in fines through the city-run court system. As in other municipal cases handled at the downtown law building, suspects could face fines up to $500 or 30 days in jail.
"This isn't any kind of a battle against drugs," said attorney Leland Greeley. "That law is already in place by the state. This is just so that they can charge under a municipal ordinance and keep all the money."
Chief John Gregory and his lieutenants portray the proposal as a tool for combating drug abuse. City Council members gave initial approval, but the policy faces a second and final review Monday night.
Shortly after becoming a captain in January, Steve Parker came to Gregory with the idea for the law. The city of York already has one, and Parker told the chief that Rock Hill should consider joining.
"We're behind the times," said Parker, formerly an agent in York County's drug squad.
Gregory described a situation that shows the need for a law.
"It doesn't happen that often, but you'll find where someone is intoxicated by a drug, and the drug is gone," Gregory said. "We find this paraphernalia in their pockets. ( But ) you don't have any offense for it. There's no other use for those items, other than ingesting illegal drugs."
Generating more money in court fines has "absolutely nothing" to do with the proposal, Gregory said.
"This has everything to do with seeing a need to tighten up some things we could do better, and giving us another tool in our belt," he said.
Gregory said it would be "ludicrous" for officers to arrest anyone just for having a bottle cap. There are clear signs when a cap has been used for drugs; it might be partially melted or show burn marks, the chief said.
The language is modeled after paraphernalia laws in other South Carolina jurisdictions, Parker said.
The law doesn't just apply to drug users. Sellers can also be prosecuted for advertising the listed items, both in print and on Web sites.
Gregory says the rules will deter novelty shops that sell bongs, marijuana pipes and other drug devices from opening in Rock Hill.
Some of the city's leading defense lawyers see it differently.
"They've just kind of gone off the deep end," said Chris Wellborn, who handles drug cases. "They've got that tool in their belt. Just follow the money and that explains it. It's another way of raising income for the city."
State law includes a section on drug paraphernalia, but Wellborn said he rarely handles cases where it is used. Suspects are typically brought to court to face more serious charges that carry tougher penalties.
The state law is geared toward preventing businesses from selling paraphernalia, said 16th Circuit Solicitor Kevin Brackett. Penalties are civil instead of criminal, and violators can face fines of up to $500.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Charlotte Observer (NC)
Copyright: 2009 The Charlotte Observer
Contact: Contact Us - CharlotteObserver.com
Website: Charlotte Observer - Carolina News Panthers Bobcats Sports Banking NASCAR Racing - CharlotteObserver.com
Author: Matt Garfield
The way the law is written, attorneys say, suspects could also be arrested for having ordinary household items such as spoons and bottle caps.
Attorneys question whether the real aim is to generate more money in fines through the city-run court system. As in other municipal cases handled at the downtown law building, suspects could face fines up to $500 or 30 days in jail.
"This isn't any kind of a battle against drugs," said attorney Leland Greeley. "That law is already in place by the state. This is just so that they can charge under a municipal ordinance and keep all the money."
Chief John Gregory and his lieutenants portray the proposal as a tool for combating drug abuse. City Council members gave initial approval, but the policy faces a second and final review Monday night.
Shortly after becoming a captain in January, Steve Parker came to Gregory with the idea for the law. The city of York already has one, and Parker told the chief that Rock Hill should consider joining.
"We're behind the times," said Parker, formerly an agent in York County's drug squad.
Gregory described a situation that shows the need for a law.
"It doesn't happen that often, but you'll find where someone is intoxicated by a drug, and the drug is gone," Gregory said. "We find this paraphernalia in their pockets. ( But ) you don't have any offense for it. There's no other use for those items, other than ingesting illegal drugs."
Generating more money in court fines has "absolutely nothing" to do with the proposal, Gregory said.
"This has everything to do with seeing a need to tighten up some things we could do better, and giving us another tool in our belt," he said.
Gregory said it would be "ludicrous" for officers to arrest anyone just for having a bottle cap. There are clear signs when a cap has been used for drugs; it might be partially melted or show burn marks, the chief said.
The language is modeled after paraphernalia laws in other South Carolina jurisdictions, Parker said.
The law doesn't just apply to drug users. Sellers can also be prosecuted for advertising the listed items, both in print and on Web sites.
Gregory says the rules will deter novelty shops that sell bongs, marijuana pipes and other drug devices from opening in Rock Hill.
Some of the city's leading defense lawyers see it differently.
"They've just kind of gone off the deep end," said Chris Wellborn, who handles drug cases. "They've got that tool in their belt. Just follow the money and that explains it. It's another way of raising income for the city."
State law includes a section on drug paraphernalia, but Wellborn said he rarely handles cases where it is used. Suspects are typically brought to court to face more serious charges that carry tougher penalties.
The state law is geared toward preventing businesses from selling paraphernalia, said 16th Circuit Solicitor Kevin Brackett. Penalties are civil instead of criminal, and violators can face fines of up to $500.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Charlotte Observer (NC)
Copyright: 2009 The Charlotte Observer
Contact: Contact Us - CharlotteObserver.com
Website: Charlotte Observer - Carolina News Panthers Bobcats Sports Banking NASCAR Racing - CharlotteObserver.com
Author: Matt Garfield
