EUGENE SHOP OWNERS ARRESTED FOR SELLING PIPES

The Two Men Apparently Thought The Items Were Legal.

EUGENE (AP) -- For six years, Jason Harris and Saeed Mohtadi sold glass
smoking pipes in the open in Oregon and over the Internet.

Anyone could buy one of their pipes, which are commonly used for smoking
marijuana, at their Eugene store, Higher Source, or with a Visa card
online. Harris and Mohtadi apparently thought that the pipes, which were
advertised for use with tobacco or incense, were legal.

What they didn't know until quite recently was that agents of the federal
Drug Enforcement Administration were conducting an "undercover"
investigation of their businesses, involving secret purchases from the
wide-open businesses, surveillance and a "trash pull," in which agents
rifled through the businesses' garbage.

Last month, as part of a nationwide bust called Operation Pipe Dreams,
agents swept in and arrested the two businessmen, charging them with
selling drug paraphernalia.

Each could face three years in prison and $250,000 fines as well as
forfeiture of their businesses and homes.

Across the country, 50 people were arrested in the sweep, the biggest drug
paraphernalia clampdown in the agency's history.

Harris and Mohtadi seemed to think that their businesses had stayed on the
legal side of federal law, which bars the sale of items primarily intended
for drug use.

People who supplied materials to Jerome Baker Designs or who blew glass for
the company estimate that at least 50 full-time workers lost their jobs
with the shutdown of the business. They say hundreds of other local pipe
makers are out of work because distributors and retailers they supplied
nationwide have closed or have stopped buying inventory for fear of arrest.

The law, 21 U.S. Code Section 863, originally was enacted as part of the
Controlled Substances Act of 1970. It specifically bars the sale of glass
smoking pipes, as well as those made of almost any other material, but
allows pipes "traditionally intended for use with tobacco."

In determining what use a pipe is intended for, officials can look in part
at how it was advertised and what the makers and retailers say it should be
used for, the law says.

Harris and Mohtadi have been heavily involved with the burgeoning art glass
scene in Eugene, and local gallery owner Candy Moffett said their work can
be regarded as fine art.

"Are the glass pipes art?" she said. "Yes. Just as Jason has a control and
mastery of the medium, I think his pipes are artworks. They are done in
such a masterful way, they are sculptures. Look at meerschaum pipes. There
are meerschaum pipes considered sculptures. These are, too."

At the Drug Enforcement Administration office in Portland, Ken Magee,
assistant special agent in charge, scoffed at the notion that glass pipes
could be considered art.

"I find that somewhat laughable, referring to drug paraphernalia as
collectible art," he said.

In September, agents "located and observed" the Higher Source store and,
"acting in undercover capacities," entered the store and "observed hundreds
of Jerome Baker Designs items," according to an indictment.

Agents also bought $741.79 worth of glass pipes, including "1 Extra Fancy
Phat Mama Bong" at $184 online.