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Brav989
06-18-2006, 05:59 AM
So I had wondered. If you can be charged or arrested with having drug paraphernalia, why are they sold in shops (legally I presume)? I understand they advertise them as 'tobacco pipes', but they are obviously not used for that purpose. So why are they allowed to sell? Also found this

"In the United States, under the Federal Drug Paraphernalia Statute, which is part of the Controlled Substances Act, it is illegal to possess, sell, transport, import, or export drug paraphernalia as defined."

http://en.wikipedia.org/wiki/Drug_paraphernalia

Squader01
06-18-2006, 06:11 AM
We have one of those glass-piece making shops in one of my areas of patrol. I've even so much as walked in it off duty. They are obviously used for the smoking of marijuana.

The loop hole is, they are GLASS pieces, and CAN be used for tobacco. What makes them para when I find them, is the marjiuana residue from smoking previous. THEN it's PARA. Or even if I find a clean hippy glass pipe, and find some seperate marijuana in the vehicle, I can constrew it as Para.

When I find them, if everybody is being honest with me, I usually just ask them to step on it, and break it.

Rohan
06-18-2006, 06:15 AM
squader01 are you sure you are a cop in Michigan? If so would you please give me the MCL section number that pertains to drug paraphernalia?

Tennsix
06-18-2006, 08:17 AM
Paraphernalia is any device or raw material used to consume, test or enhance drugs. Depending on the circumstances it can be an infraction, misdemeanor, or felony. A “regular” pinch is an infraction. Reckless possession of paraphernalia is a misdemeanor. A second conviction (or more) is a felony. Again, depending on the circumstances, dealing paraphernalia can be a misdemeanor or a felony

Squader01
06-18-2006, 01:44 PM
squader01 are you sure you are a cop in Michigan? If so would you please give me the MCL section number that pertains to drug paraphernalia?

333.7451 “Drug paraphernalia” defined.

Sec. 7451.

As used in sections 7453 to 7461 and section 7521, “drug paraphernalia” means any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting; propagating; cultivating; growing; harvesting; manufacturing; compounding; converting; producing; processing; preparing; testing; analyzing; packaging; repackaging; storing; containing; concealing; injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance; including, but not limited to, all of the following:

(a) An isomerization device specifically designed for use in increasing the potency of any species of plant which plant is a controlled substance.

(b) Testing equipment specifically designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance.
(Glass Pipes don't fall under SPECIFICALLY; as they CAN be used TESTING tabacco)

(c) A weight scale or balance specifically designed for use in weighing or measuring a controlled substance.

(d) A diluent or adulterant, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose, and lactose, specifically designed for use with a controlled substance.

(e) A separation gin or sifter specifically designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana.

(f) An object specifically designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body.
(Again, a Glass piece sold at a hippy shop could have LEGAL uses for tabacco)
(A glass pipe without residue from any controlled substance is not paraphernalia)

(g) A kit specifically designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived.

(h) A kit specifically designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

(i) A device, commonly known as a cocaine kit, that is specifically designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body, and which consists of at least a razor blade and a mirror.

(j) A device, commonly known as a bullet, that is specifically designed to deliver a measured amount of controlled substances to the user.

(k) A device, commonly known as a snorter, that is specifically designed to carry a small amount of controlled substances to the user's nose.

(l) A device, commonly known as an automotive safe, that is specifically designed to carry and conceal a controlled substance in an automobile, including, but not limited to, a can used for brake fluid, oil, or carburetor cleaner which contains a compartment for carrying and concealing controlled substances.

(m) A spoon, with or without a chain attached, that has a small diameter bowl and that is specifically designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body.

If I find one of these hippie glass pieces, and they say it's for tabacco use, who am I to call it para? I have nothing to go on to say that it was used otherwise. Unless I find residue, or some other form of controlled substance in the car, or on the person. Then it's clearly NOT para.

MCL 333.7453 makes it illegal to sell or offer for sale (but not to possess) the above-defined drug paraphernalia

Sabre
06-18-2006, 01:48 PM
squader01 are you sure you are a cop in Michigan? If so would you please give me the MCL section number that pertains to drug paraphernalia?


I'll get it for ya....EDIT: I see Squader beat me to it. :D

333.7451 defines “drug paraphernalia”

MCL 333.7453 makes it illegal to sell or offer for sale (but not to possess) the above-defined drug paraphernalia

333.7455 establishes that violation of sec 7453 is punishable by imprisonment for not more than 90 days, or a fine of not more than $5,000.00, or both. However, a person 18 or older who violates 7453 by selling or offering for sale drug paraphernalia to a person under 18 can be punished with imprisonment for not more than 1 year, or a fine of not more than $7,500.00, or both.

Squader01
06-18-2006, 01:54 PM
Yoyo Sabre :cool:

Go LCC Mid-Michigan Regional!

Glad to see you found a spot and got hired on, grats. :D

Rohan
06-18-2006, 10:24 PM
We have one of those glass-piece making shops in one of my areas of patrol. I've even so much as walked in it off duty. They are obviously used for the smoking of marijuana.

The loop hole is, they are GLASS pieces, and CAN be used for tobacco. What makes them para when I find them, is the marjiuana residue from smoking previous. THEN it's PARA. Or even if I find a clean hippy glass pipe, and find some seperate marijuana in the vehicle, I can constrew it as Para.

When I find them, if everybody is being honest with me, I usually just ask them to step on it, and break it.
Ok, now that you've found the statute. And since possessing drug paraphernalia isn't a crime in Michigan how would them being honest with you make any diff. when you can't even arrest them for it in the first place? Abnd even if you find marihuana in a vehicle how does it make any diff. if they have a pipe? This is where I was going when I asked you to find the statutes. You either have possession of drugs or you don't. Rookies!! :rolleyes: :p

SgtScott31
06-18-2006, 11:24 PM
Tennessee 39-17-424. Determination whether object is drug paraphernalia.

In determining whether a particular object is drug paraphernalia as defined by § 39-17-402, the court or other authority making such a determination shall in addition to all other logically relevant factors consider the following:

(1) Statements by the owner or anyone in control of the object concerning its use;

(2) Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to controlled substances;

(3) The existence of any residue of controlled substances on the object;

(4) Instructions, oral or written, provided with the object concerning its use;

(5) Descriptive materials accompanying the object which explain or depict its use;

(6) The manner in which the object is displayed for sale;

(7) The existence and scope of legitimate uses for the object in the community; and

(8) Expert testimony concerning its use.

The one in bold pretty much covers anything that is commonly used to smoke marijuana. This can include a squeaky clean glass bong. I arrested a guy last year in this circumstance and he threw a fit because I arrested him even though there wasn't residue in it.