LAWYERS QUESTION ANTI-DRUG PROPOSAL

Police department asks city to create a ban on bongs, other devices
used to do drugs.

Defense lawyers around Rock Hill are raising questions about the
Police Department's request for a drug paraphernalia law that would
criminalize bongs, pipes and other devices used to do drugs.

The way the law is written, attorneys say, suspects could also be
arrested for having ordinary household items such as spoons and bottle
caps.

Attorneys question whether the real aim is to generate more money in
fines through the city-run court system. As in other municipal cases
handled at the downtown law building, suspects could face fines up to
$500 or 30 days in jail.

"This isn't any kind of a battle against drugs," said
attorney Leland Greeley. "That law is already in place by the
state. This is just so that they can charge under a municipal
ordinance and keep all the money."

Chief John Gregory and his lieutenants portray the proposal as a tool
for combating drug abuse. City Council members gave initial approval,
but the policy faces a second and final review Monday night.

Shortly after becoming a captain in January, Steve Parker came to
Gregory with the idea for the law. The city of York already has one,
and Parker told the chief that Rock Hill should consider joining.

"We're behind the times," said Parker, formerly an agent
in York County's drug squad.

Gregory described a situation that shows the need for a
law.

"It doesn't happen that often, but you'll find where someone is
intoxicated by a drug, and the drug is gone," Gregory said.
"We find this paraphernalia in their pockets. (But) you don't
have any offense for it. There's no other use for those items, other
than ingesting illegal drugs."

Generating more money in court fines has "absolutely
nothing" to do with the proposal, Gregory said.

"This has everything to do with seeing a need to tighten up some
things we could do better, and giving us another tool in our
belt," he said.

Gregory said it would be "ludicrous" for officers to
arrest anyone just for having a bottle cap. There are clear signs when
a cap has been used for drugs; it might be partially melted or show
burn marks, the chief said.

The language is modeled after paraphernalia laws in other South
Carolina jurisdictions, Parker said.

The law doesn't just apply to drug users. Sellers can also be
prosecuted for advertising the listed items, both in print and on Web
sites.

Gregory says the rules will deter novelty shops that sell bongs,
marijuana pipes and other drug devices from opening in Rock Hill.

Some of the city's leading defense lawyers see it differently.

"They've just kind of gone off the deep end," said Chris
Wellborn, who handles drug cases. "They've got that tool in
their belt. Just follow the money and that explains it. It's another
way of raising income for the city."

State law includes a section on drug paraphernalia, but Wellborn said
he rarely handles cases where it is used. Suspects are typically
brought to court to face more serious charges that carry tougher penalties.

The state law is geared toward preventing businesses from selling
paraphernalia, said 16th Circuit Solicitor Kevin Brackett. Penalties
are civil instead of criminal, and violators can face fines of up to
$500.