CONVICTION IS UPHELD AGAINST FLEA MARKET SELLER OF WATER PIPES

VIRGINIA BEACH -- Narcotics detectives may begin cracking down on stores
that sell water pipes after a state appeals court upheld the conviction of
a man arrested for selling them at a flea market.

Brian Morrison, the owner of a now-defunct shop called Fatty Shack, was
convicted of selling drug paraphernalia, including pipes associated with
smoking marijuana.

He appealed the case on the grounds that his items were clearly marked "for
tobacco use only." A sign in his store said anyone using the words "bong,"
"crack pipe" or "weed" would be asked to leave.

The Virginia Court of Appeals ruled that wasn't good enough.

Morrison should have stopped selling the items after a state trooper warned
him that they were used for ingesting drugs, the court said in its Jan. 8
decision.

The decision has opened the door for a crackdown on so-called "head shops"
and other stores statewide that carry the devices.

Beach police are considering renewing their investigation into stores that
still sell the pipes. Whether that happens depends on upcoming meetings
between police and prosecutors, according to Capt. Greg Mullen, head of the
Special Investigations Division.

The case began in 1999 when a trooper discovered a shop in Bill's Flea
Market selling water pipes, roach clips, pipe screens and related items.
The trooper returned to the shop in January 2000 and warned Morrison that
he faced arrest if he did not remove the items.

When the trooper returned that June and discovered that the display of
pipes had grown, he charged Morrison with the sale of drug paraphernalia, a
misdemeanor.

In November 2000, Beach police began receiving complaints that other stores
were selling similar pipes. Mullen's unit searched another shop at Bill's
Flea Market on Virginia Beach Boulevard and one on Princess Anne Road
called G13 Glass Art.

Detectives seized pipes and other smoking-related items, but did not charge
anyone. Mullen said he was awaiting the outcome of the Morrison case.

Morrison, 23, was convicted in Virginia Beach General District Court. He
appealed first to Circuit Court, where he lost, and then to the state Court
of Appeals. He did not receive any jail time, and a $2,500 fine was suspended.

He has referred comment to his father, George Morrison, a co-owner of Fatty
Shack who runs a tobacco shop on Virginia Beach Boulevard. He has been a
vocal opponent of the Beach's effort to stop the sale of water pipes.

He said Monday that he has not seen the decision and could not comment on it.

His lawyer, Michael J. Woods, said he was not surprised by the Court of
Appeals ruling.

Woods said he expects this case or a future one to end up in the Virginia
Supreme Court on constitutional grounds. Woods has not spoken with the
Morrisons about the decision and does not know if they want to appeal.

For now, he and others believe police will begin cracking down.

"The fear is law enforcement officers are going to go rampant on this,"
Woods said.

Commonwealth's Attorney Harvey L. Bryant III said the decision validates
Virginia Beach's enforcement of drug paraphernalia restrictions. He said
some communities and judges were hesitant to enforce the law because of
different interpretations.

"I think it puts us in a very strong position," he said.