PEMBROKE POLICE PROPOSE DRUG PARAPHERNALIA LAW

Pembroke - The police department wants to fine store owners for
selling drug paraphernalia in town.

Police will ask residents at town meeting to prohibit the sale of
items such as water pipes, glass pipes and blunt wrappers used for
smoking and ingesting marijuana, cocaine and other illicit drugs.

Under Massachusetts law, a store owner can face jail time for selling
such goods. But prosecutors must prove "beyond a reasonable doubt"
that the owners intended it to be sold for that purpose.

The proposed bylaw would make the sale a civil infraction, rather than
a criminal one. Businesses that sell drug paraphernalia would be
subject to a $200 fine for each day they are sold.

"This bylaw would allow us to fine establishments that keep drug
paraphernalia in their store," police chief Michael Ohrenberger said.
"Our hope is that, with this bylaw, it causes establishments to comply."

The proposal comes several months after a Wareham District Court judge
found the owner of Brennan's Smoke Shop on Church Street innocent of
selling drug paraphernalia.

Police seized dozens of pipes, water pipes, rolling papers, scales and
other items from the shop more than two years ago, claiming they were
primarily for drug use.

But owner Karen Fontana said the items were sold for tobacco use. She
said she could not be held responsible for what shoppers might do with
the products after leaving her store.

Judge Thomas Barrett found Fontana innocent in December. He said
Fontana probably knew the items could be used for drugs, but that
there was not enough evidence to warrant a conviction

David Frank, a former state prosecutor and senior news reporter at
Massachusetts Lawyers Weekly, said the proposed Pembroke law could
make it easier for prosecutors to prove their case.

"The standard in a criminal case is beyond a reasonable doubt," he
said. "There's no question that in a civil case, the standard of proof
is significantly less."

"If the goal of this legislation is to make it easier to enforce, they
clearly will have done that if this passes," he added. "It seems like
a pretty interesting and unique way and creative way to try to address
the marijuana problem."

Ohernberger said his proposal, modeled after a New Bedford law, is
intended as another tool to keep drug paraphernalia out of stores.
Residents will vote on the proposal at the April 22 town meeting.

"We've had compliance from the retail establishments up until now. We
haven't anticipated any future problem," he said. "We just want to
have another tool to use."