SELLING DRUG PARAPHERNALIA COULD COST MERCHANTS

The Charlotte City Council is considering a new way to attack the drug
trade: Going after stores selling items that people use to smoke crack
or to abuse other illegal drugs.

City Council member Malachi Greene has proposed an ordinance that
would impose fines against businesses that sell drug paraphernalia.
The ordinance would also allow city officials to seek a court order
forbidding stores from selling drug paraphernalia and allow officers
to confiscate any outlawed items.

Greene began work on the ordinance at the request of the neighborhood
anti-drug group Fighting Back, which launched a campaign last year
against convenience stores selling novelty glass vials that some drug
abusers were using to smoke crack and snort cocaine.

"What I think this will do is alert communities that we are on our
guard and they don't have to struggle to enforce this kind of thing,"
said Hattie Anthony, director of Fighting Back.

State law already prohibits possessing, advertising, manufacturing and
delivering items identified as drug paraphernalia. But the charge is a
misdemeanor and is seldom a high priority in criminal courts, a memo
presented to council members at their weekend retreat said.

The proposed ordinance would impose a $100 fine for each offense, with
another $100 fine imposed for each day the paraphernalia continues to
be sold. Because it's a civil penalty, it requires less proof than a
criminal citation, said City Attorney Mac McCarley, who is helping
draft the ordinance.

The proposal is similar to ordinances adopted in Minneapolis, Reno,
Nev., and Anchorage, Alaska. The City Council's public safety
committee is expected to debate it at a meeting next month.

"I think it sounds like an idea that we need to seriously consider,"
said Council member Don Reid, who chairs the public safety committee.
"So long as we can clearly identify, without being too general, what
we're talking about."

Greene said Fighting Back is working with police to design a display board
of items commonly used for illegal drugs, including glass vials, syringes
and certain kinds of
plastic bags. The proposed ordinance also lists items such as roach
clips for holding marijuana cigarettes, scales, miniature cocaine
spoons and other items used for measuring or mixing cocaine.

Last January, some residents announced plans to boycott convenience
stores selling 4-inch glass vials, priced at $4.99 each, containing
small artificial roses. Officials with Fighting Back say the vials
were available only in stores in west Charlotte near neighborhoods
with active cocaine trades.

Many stores voluntarily pulled the items, and Anthony said the group
has not received any recent complaints about them.

Five Points Discount Beverage on Rozzelles Ferry Road was among the
stores that agreed to stop selling the vials. "As long as it is
helpful for the community, we're happy to not sell it," said co-owner
Sisay Zerihun.

But Zerihun worried the ordinance might be used to unfairly single out
certain businesses that could have legitimate reasons for selling
certain items.

"Instead of looking for a small business like us, it's better to tell
the people who distribute the product," he said. If neighbors raise
concerns about specific items in the future, he will cooperate, he
said.

But the ordinance is designed to target businesses that may not be so
cooperative, Greene and others say.

Charlotte-Mecklenburg police spokesman Keith Bridges said officers

will likely welcome the measure.

"We are glad to have that as another tool in the continuing efforts to
enforce drug (laws)," he said.