PROVING DRUG-GEAR SALES ILLEGAL IS TRICKY

BELTON - Bongs, pipes and cigarette papers are for sale at the Bizarre
Boutique. Whether its legal or illegal depends on how the buyer uses
them. Prosecutors say the store's owners, Michelle and Kevin Van
Trump, broke the law by selling bongs - water pipes that can be used
to smoke marijuana - and other items to an undercover police officer.

On Monday, the Van Trumps will be arraigned on two felony counts
apiece of selling drug paraphernalia. Cass County Prosecutor Chris
Koster is convinced sales like those at the Bizarre Boutique are illegal.

"It is nearly inconceivable to me that one would sell a 2-foot-high
bong and not know that it could be used for drugs," he said.

But Koster must prove more than that. Under Missouri law, such items
are illegal only if an individual knows or "reasonably should know"
that they will be used for drugs.

Said Michael Sanders, prosecutor in neighboring Jackson County: "The mere
potential that the item could be used (for drugs) isn't enough to meet the
definition."