New law to put the bite on sellers of drug paraphernalia
by Hal Spencer

April 06, 1998 - Associated Press

OLYMPIA -- Pushed by a community up in arms over the presence of a "head shop" near its public schools, police are about to tighten the screws on stores that sell drug paraphernalia.

Gov. Gary Locke signed a bill last week that makes it far easier for police to punish stores, known as head shops, that sell water pipes, bongs, roach clips and other items used to ingest illegal drugs such as marijuana.

It already is a misdemeanor to use or sell drug paraphernalia, but citizens and police convinced the Legislature and the governor that the law isn't enough to stop sales from stores.

That's because in order to prosecute, police must have evidence that the sellers knew the buyers would use the pipes, roach clips or other items to smoke marijuana or take some other illicit drug. And that's almost impossible to prove, police say.

But under the new law, which takes effect June 12, police will be empowered to consider sales of paraphernalia as infractions, much like traffic infractions, and would not have to prove the sellers knew the buyers wanted the items for drug use.

Under the new law, police could issue sellers a $250 ticket for each sale.

The new law isn't sitting well with the owners of Silken Smoke, a Puyallup store that sells paraphernalia.

But it pleases citizens who were so outraged at the presence of the store near an elementary school and middle school that they took their case to the Legislature.

"I don't know how we can afford to stay in business," said Phil So, who works at Silken Smoke. "We don't have much money," and it would be tough to pay a $250 fine "every time we sold a pipe to somebody."

So voiced a common defense of head-shop merchants -- the water pipes, bongs and other smoking devices are intended for use by tobacco smokers.

"We order these things as tobacco pipes, and that's what they're for. If the pipe hasn't been used (for illegal drugs), then it's just a pipe. I don't see how they can call it anything else," he said.

So said he was concerned the law could force stores like his out of business.

But the Rev. Terry Oliver, pastor of the Pilgrim Lutheran Church in Puyallup, said he and fellow citizens applauded the new law.

He and others had urged the Legislature to do something about Silken Smoke, which is situated near an elementary and junior high school in Puyallup's South Hill area.

"They said they weren't letting anybody but people over 18 in there, but we know for a fact that kids were going in there and buying bongs and water pipes and other things," he said.

The citizens failed to persuade the store owners to relocate or close, and turned to area lawmakers for help.

"This bill will effectively shut down drug paraphernalia sales in Washington state," predicted one of the legislators, Rep. Jim Kastama, R-Puyallup.

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