DARRYL ROUSON'S ANTI-DRUG CRUSADE AT THE STATE HOUSE

Florida's 2009 legislative session doesn't begin until March, but Rep.
Darryl Rouson is not wasting time in renewing his battle against drug
paraphernalia.

The newly re-elected Democrat -- who represents parts of Pinellas,
Hillsborough, Sarasota and Manatee counties -- filed a bill (HB 201)
last week that would charge a 25 percent tax on any items listed or
viewed as paraphernalia as defined in Florida statutes, regardless of
whether the "paraphernalia" was sold for legal purposes or not. The
proceeds of the tax would go to drug abuse prevention and treatment
programs. (Rouson initially filed a bill with a 5 percent tax but
withdrew it to up the ante to 25.)

Going after drug paraphernalia is nothing new to Rouson, who initiated
Pinellas County's crackdown on paraphernalia in 2006. In fact, for the
former drug addict, the issue is somewhat of a crusade.

In the mid-'80s, after a successful stint as the first
African-American assistant state attorney in Pinellas County, Rouson
struggled with a crack cocaine addiction (see "From the crack house to
the floor of the House," July 9, 2008). He eventually left St.
Petersburg, sobered up, involved himself in various community activist
groups in other parts of the country and returned to the city in the
mid-'90s. He quickly became one of the county's most visible black
leaders, working to close down drug-infested motels and cleaning up
neighborhoods. In 2006, while president of the Pinellas County NAACP,
Rouson convinced the County Commission to pass an ordinance
restricting the sale of items deemed "drug paraphernalia," including
water pipes, certain rolling papers, home drug test kits and whipped
cream chargers containing nitrous oxide (see "Messing with our heads,"
July 12, 2006).

But, besides ridding most gas stations of glass pipes, the ordinance
has done little to affect tobacco accessory stores except raise the
ire of their owners.

Since gaining a seat in the Florida House earlier this year after a
special election (and re-elected again in November), Rouson had not
broached the issue until filing an initial bill early last month.

"If they're going to talk about a dollar tax on cigarettes, why should
tobacco accessories be sacrosanct?" Rouson says from his Manatee
County office. "And if we can use some of the funds from it to help
curb addictions, then why not? All I'm doing is bringing some of my
passion. ... to making our community a better community."

But not everyone agrees, especially the owners of some novelty stores.
Those owners contend they are selling legal tobacco supplies and the
proposed law is yet another way to put them out of business.

"What Darryl is trying to do is make people admit they sell bongs,"
says Randy Heine, owner of Rockin' Cards and Gifts and a longtime
Rouson critic. He says the law is designed as a Catch-22: If a
retailer pays the tax, they admit to selling drug paraphernalia, which
is a felony. If they do not pay the tax, then they face charges of tax
evasion.

"It's a bill that will not get out of committee," predicts Heine.
"It's already being laughed at."

Rouson's bill closely resembles some state laws that require drug
users to purchase a "drug tax stamp" from the government in order to
possess contraband. The intent of the law is to impose additional
penalties -- i.e., tax evasion -- on drug offenders. Many marijuana
legalization advocates and criminal justice reformers say the law is
unfair.

Rouson claims his proposal is a "straight tax" and adds, "I'm not
going to get into what people will admit by paying the tax."

But the state representative clearly wants to harm so-called "head
shops."

"We know, however, [tobacco accessories] is entirely a charade and a
blatant hypocrisy that the law allows," he says. "We believe that
illegal drugs are being smoked out of these things."

Storeowners are opposed but don't seem worried.

"Bring it on," says Noah Greene, owner of Hot Wax, a record shop in
Ybor City that also carries some glass pipes. "I don't care. I won't
raise my prices at all. I'll eat the extra fee."

When asked if he plans to stop selling any items in his store, Heine
gives a shorter response: "Fuck no!"

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INFO

Read the Drug Paraphernalia tax document.
http://tampa.creativeloafing.com/content/paraphernalia%20tax.pdf

HB 201 would require businesses that sell items deemed as drug
paraphernalia to pay a 25 percent tax to the state, a controversial
measure proposed by state Rep. Darryl Rouson.