CITY TO BAN DRUG PIPE SALES

Tacoma police could soon be arresting store clerks suspected of
selling crack pipes and other drug paraphernalia as part of the city's
continuing effort to quell drug use.

Tobacco shop owners aren't happy with the idea, but the City Council
is expected to vote Tuesday on an ordinance to toughen the city's drug
paraphernalia law.

The ordinance would replace an existing law described as "less than
effective" by Tom Orr, the police department's legal adviser. Last
week, he explained the key changes to City Council members.

The current law prohibits sales to minors, but allows sales to adults,
which Orr called "philosophically inconsistent."

The new ordinance would apply to everyone. The city would get a new
enforcement hammer with the power to suspend a shop owner's business
license, which Orr called, "the most powerful provision."

Under the proposed law, a store clerk could be charged with a gross
misdemeanor for selling drug paraphernalia - water pipes commonly
referred to as bongs, crack pipes, smoking masks, miniature cocaine
spoons, cocaine freebase kits and glass pens, which can be used to
smoke drugs.

If passed, the ordinance would be the first of its kind in Western
Washington, said Greg Hopkins, a Tacoma police community liaison officer.

"We'll have a law no one else has," he said. "It takes us to the next
level."

Tacoma police officials say the new law will help them address one
route addicts use to get the tools to smoke drugs.

Many of the drug paraphernalia items seem inconspicuous. One commonly
sold item is the Love Rose - a 4-inch glass tube stuffed with a small
rose.

However, when clerks sell the rose with a piece of Brillo pad, that's
a crack pipe, police argue.

"This item is known to be a crack pipe," Tacoma officer Robert Luke
said.

The pipe - which customers request by asking for a "rose" or "glass" -
costs from $3 to $5.

Another item is a glass ink pen, which but can be dismantled so that
only the glass tube remains for smoking crack cocaine.

"That pen surprised me," Luke said. "Why would you need a glass ink
pen?"

Hopkins said he saw the need for an expanded drug paraphernalia law
earlier this year when police were tipped to a convenience store on
Fourth Street and Tacoma Avenue that was selling crack pipes.

Inside, officers found several boxes of glass vials containing small
roses, balled-up pieces of Brillo pads and glass pipes used to smoke
methamphetamine oil.

"You can't say these are for anything else," Hopkins said of the meth
oil pipe.

In the past, officers have arrested chronic drug addicts under the
drug paraphernalia law for having a crack pipe, bong or other device.
Rarely, however, was it used to go after store clerks and owners who
supply the items to the users.

Not everyone is happy with the proposed ordinance. John Larson, owner
of South Tacoma Pipe and Tobacco Co. on South 56th Street, fumed at
what he sees as a double standard.

"You can't get high in my store," he said. "But you can go to
7-Eleven, buy a case of beer, go home and kill your wife."

Larson has owned his business for 25 years, and says it ranks as the
oldest tobacco store in Washington.

He says his customers include uniformed police officers who buy
cigars. There were only two customers who stopped in while a reporter
was at the store Thursday. Both were middle-aged white men. One drove
a gleaming black BMW, the other a red Mercedes.

The shop windows are shuttered, blocking the view from the
street.

Inside, tobacco and cigars dominate the displays, but one section
includes an array of glass pipes and multicolored bongs. A sign above
the display states, "All accessories are designed and marketed for use
with tobacco and legal herbs."

Larson said no one from the city or the police approached him about
the ordinance, and he hasn't heard any complaints about his inventory.

"We're part of the community," he said. "My grandchildren go to school
right down at the end of the street. We pay our taxes. You don't have
to come into my store if you don't want to."

He distinguishes his shop from smaller stores elsewhere in the city
that sell large knives along with adult magazines, tobacco and smoking
tools. Two of those smaller shops are also on South 56th Street.
Others are scattered through the city.

Last week, Councilman Rick Talbert praised the ordinance, citing it as
an example of bottom-up lawmaking, driven by concerns of neighborhood
groups.

"We've been battling drugs in this community for 40 years," he said.
"It's difficult to send a message when (kids) can go into a
convenience store and see these things."

Stacey Mulick: 253-597-8268 stacey.mulick@mail.tribnet.com Sean Robinson:
253-597-8486 sean.robinson@mail.tribnet.com

How to get involved

The Tacoma City Council is set to adopt regulations on the sales of
drug paraphernalia at its meeting Tuesday at 5 p.m. in the council
chambers at City Hall, 747 Market St.

What the ordinance would do:

Make it a gross misdemeanor to sell drug paraphernalia at a store. A
gross misdemeanor is punishable by up to $5,000 in fines and a year in
jail.

Make it a gross misdemeanor to distribute drug paraphernalia.

Make it a misdemeanor to use drug paraphernalia to use drugs.
Misdemeanors are punishable by up to $1,000 in fines and 90 days in
jail.

Pulls the business license from stores caught selling drug
paraphernalia.