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News (Media Awareness Project) - US WY: 'Paraphernalia' Was Not Meant For Drugs, Jury Says
Title:US WY: 'Paraphernalia' Was Not Meant For Drugs, Jury Says
Published On:2006-01-13
Source:News-Record, The (WY)
Fetched On:2008-01-14 18:59:25
'PARAPHERNALIA' WAS NOT MEANT FOR DRUGS, JURY SAYS

A store owner arrested on charges of selling drug paraphernalia has
been acquitted of charges that his products were drug related.

On Aug. 10, police confiscated brightly colored pipes, bongs and
about 130 similar items from Hip Hop Hippie, a Butler Spaeth store
that advertised "smoking accessories."

Officers arrested store owner Jeffrey Doles, 35, when he re-opened
the store with an even larger inventory two days later. They said
Doles' products were obvious examples of drug paraphernalia and
charged him with delivery of drug paraphernalia and two counts of
possession with intent to deliver drug paraphernalia.

But jury members disagreed. When it came time to reach a verdict
Wednesday, they acquitted him in just 30 minutes on all charges.

"I wasn't surprised at all," Doles said. "I wasn't doing anything
illegal. I was never, not once, doing anything outside the color of
the law, never."

Doles said he never advocated smoking marijuana and points out that
the products have many legitimate uses.

"Just because they're wearing a uniform, just because they say it's
the law, does not mean it's the law," he said.

But Police Chief Rich Adriaens worries that jury members looked more
at technicalities than the reasonableness of the charges. Adriaens
said there's enough leeway in the law that Gillette residents serving
on the jury could have made an important stand against drugs, but
they chose to act differently.

Despite the verdict, he said it's disingenuous to claim that Doles'
products don't promote marijuana. He pointed out that bongs and
hookahs aren't seen in local restaurants.

"Out of a million instances, if one of those pipes is used for
tobacco, does that mean those products are meant for tobacco use or
for marijuana use?" he asked. "Just because six people found someone
not guilty doesn't mean the crime didn't occur."

Nick Carter, Doles' lawyer, said it's important to have checks on
what officials deem illegal and the law recognizes that. Although he
said there's always some uncertainty about how a case will pan out,
he said he was comfortable with the legal arguments in this case.

"It's kind of a dangerous path when we just start believing whatever
law enforcement says is drug related," Carter said.

Doles is already looking forward to setting up shop again. He said
he'll start pressing to get his inventory back in the next week and
hopes to open his doors to customers the following week.

"I think it's actually going to be a little easier," he said about
starting up the business after five months of lost profits. "Now
everyone in Wyoming is going to know Hip Hop Hippie is on 610 Butler Spaeth."
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