LEADERS WANT DRUG PARAPHERNALIA TAKEN OFF STORE SHELVES

Douglas County Dist. Atty. Charles Branson says he's working with
lawmakers to find a way to limit the sale of glass tubes commonly
used for smoking crack cocaine or methamphetamine.

The tubes -- sold with tiny synthetic flowers inside them and
marketed under names such as Sweetheart Rose or Aroma Lavender -- are
available behind the counter at local convenience stores.

"The goal would be to get it off the shelves," Branson said.
"Obviously, anybody can take about anything and make something
illegal out of it, but when something is so blatantly sold for no
other purpose ... we've got to be able to hold people accountable for that."

Branson said he's been working with state Rep. Paul Davis,
D-Lawrence, to find a way to change Kansas' criminal laws related to
drug paraphernalia or to persuade stores to not carry the products.

"One of the things we've got to try to do is convince them that this
isn't something they ought to be selling," Branson said. "You don't
make a profit on the backs of society."

The law as it's now written makes it difficult to prosecute a
retailer for selling the items, Branson said. Items that have a
conceivable legal use can be sold in Kansas as long as they're not
marketed as drug paraphernalia.

"When that statute was crafted, it was not crafted with a retailer in
mind," he said. "Obviously the defense is, 'Well, this was a novelty
item sold for X purpose and not intended for use with illicit drugs.
It makes it a very difficult case."

Davis said he expected a bill on the subject would be introduced in
the upcoming Legislative session, but that it's too early to say
exactly what it would entail. He said lawmakers would be receptive to
any effort to curb the use of methamphetamine.

"I think there will be some interest in this," he said.

A survey in town recently found the roses available at three Lawrence
convenience stores and not available at four others.

Susie Coleman, general manager of Center Distributing in Topeka,
which supplies local convenience stores, said she didn't sell the
"Sweetheart Roses." But she predicted it would be tough for lawmakers
to prevent stores from selling them.

"Good luck," she said. "I don't see how you could ever fight that
because you might buy one for your girlfriend someday. ... I can't
imagine you could pass a law that says you can't sell a rose in a glass tube."