Charlotte Paper Advocates
Using "Paraphernalia" Law to Censor Cannabis Related Publications.
(Marijuananews note: The editors would probably
horrified by the notion that they are advocating censorship, but that is the effect of
what they are pushing. Also, notice that marijuana is the only drug mentioned.)April
21, 1999
From The Charlotte Observer
opinion@charlotte.com
http://www.charlotte.com/observer/
EDITORIAL
Drug law
Lets give this new one a careful try
A Charlotte City Council committee wants the full council to pass an ordinance
penalizing the sale of drug paraphernalia. We think the idea is worth a careful try.
The 23 neighborhoods represented by the anti-drug group Fighting
Back certainly think so. Council member Malachi Greene proposed the ordinance at
their request. At a hearing Monday the groups director, Hattie Anthony, said,
"They (residents) want some of these items removed from their neighborhoods so young
people wont have . . . easy access to them." She said a series of neighborhood
meetings had revealed strong support for the measure.
Some others are understandably wary. They point out difficulties in defining what
equipment is covered. Pipes, for example, may be put to various
uses, most quite legal. Skeptics are worried about the possibilities for selective
enforcement.
Perhaps with this in mind, the ordinance would call upon law
enforcement officials to consider surrounding circumstances in deciding whether items
qualified as drug paraphernalia. Examples might be known drug abuse nearby, or the presence in a store of magazines about marijuana smoking.
In requiring this, the ordinance would mimic a state statute that already outlaws the
manufacture or possession of a long list of the items in question.
(Marijuananews note: What this means is that pipe or rolling papers could be sold next
to a copy of Cigar Magazine but not Cannabis Culture or High Times,
or The Emperor Wears No Clothes.
This will not limit the availability of pipes or papers, but it
will limit the availability of cannabis related books and magazines. It might also limit
the sale of pipes and papers that could be used with marijuana, if there is hard drug use
in an area. This will do nothing to discourage hard drug use.)
The ordinance would levy a civil penalty of a $100 fine for each offense. Officials say
this would be easier to enforce than the state law. They say also that shady operators
would fear this more than the prospect of a state misdemeanor charge grinding its way
through a court system that is always extremely busy with larger matters.
In light of the neighborhoods strong call for help, its better to move on
known problems than to shrink from ones that may not develop. We think its
appropriate to bet on the probability that the community and the Police Department,
working together, can apply the proposed ordinance effectively and fairly.
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