03/24/2007

Store owners are smoking mad

They say state law targets legal goods; others disagree

By VICTOR SKINNER

vskinner@record-eagle.com

Record-Eagle/Jan-Michael Stump
Some of the glass bongs and other smoking accessories sold at Blue In The Face in Traverse City are now illegal.

TRAVERSE CITY — It'd be an understatement to say Matt Hunter was shocked and confused when he received a letter about an amended state law that affects his downtown store.

Hunter received the letter a week ago and, as he reads it, most of the glass pipes and other smoking accessories he sells at his East Front Street store, Blue in the Face, are now illegal.

The amendment aims to target pipes and other products allegedly used to smoke marijuana or other illegal drugs.

"I think there was an attempt to push this legislation through on the hush-hush because no one ever knew about it,” Hunter said. "It is still very blurred, what's going on. All that we know is the letter.”

Grand Traverse County Prosecutor Alan Schneider sent a letter to local businesses that sell smoking-related products to inform them of the amended section of the state's public health code.

An exemption that allowed Hunter and other owners of specialty smoke shops to sell "bongs,” small glass bowls and other items intended for "tobacco use only” was removed from the heath code when Gov. Jennifer Granholm approved the public act in December.

The amended law took affect Tuesday.

"I think the Legislature is just trying to take this exemption out so that items that are specifically designed for the use of controlled substances does not reach the user market,” Schneider said. "We sent the letter to give them the opportunity to evaluate if they might fall within this statute's prohibitions.”

State Rep. Kevin A. Elsenheimer, R-Bellaire, who sponsored the 2005 bill, said it has been illegal to sell the items in Michigan "specifically designed to consume an illegal substance” for years. The new amendment helps clarify what already is illegal, he said.

"I think there was a case that actually found this statue unconstitutional and being overly broad,” Elsenheimer said. "The materials that are now unlawful to sell are the things that have been unlawful for years. All we have done is cleaned up the language to make it constitutional.”

Shop owners say they aren't sure what they can and can't sell. Hunter said many of the now-illegal products are used to smoke legal herbs and flavored tobaccos.

"There is probably more legal herbs than I can count,” Hunter said. "We are probably talking several dozen different herb types.”

Authorities said they know exactly what to look for when they make rounds to check stores that sold pipes and other alleged drug paraphernalia.

"It is pretty clear to me when you are talking about the paraphernalia that we run across that is consistently used for smoking marijuana. We would consider paraphernalia ... bongs, one-hitters, dug-outs and things of that nature,” said Traverse City Police Capt. Steve Morgan. "It is not something we are going to take a hard line with the businesses. We would rather work with them than work against them.”

Morgan said store owners will have a grace period to comply with the amended law and questionable items will be discussed with Schneider before police take action.

Still, some store owners question whether the state can afford to lose any tax revenue in a time of a vast budget deficit. Elsenheimer balked at that stance.

"I think it is absurd that people would be concerned about tax revenue for products that have been illegal for some time,” he said. "It's amazing to me that people would try to make this into an economic argument.”

Store owners who don't comply with the new law could face up to 90 days in jail and or a $5,000 fine. If the illegal items are sold to a minor, the fine is up to a year in jail and a $7,500 fine.