SMOKE SHOP RAIDED

Water Pipes Seized, But No Charges Filed

Police raided a tobacco shop in York Township's Olde Tollgate Village
yesterday and seized merchandise they say is used to smoke marijuana.

But the shop's owner claims he sold legal tobacco accessories that he never
allowed minors to purchase.

State police said they confiscated drug paraphernalia valued at $40,000
from Custom Blends Tobacco and News at the South Queen Street shopping
center, as well as from a shop of the same name in Straban Township, Adams
County, and a warehouse in Windsor Township.

The items included pipes and water pipes, also known as "bongs," according
to police.

State police said they expect to file criminal charges -- namely possession
of drug paraphernalia with intent to distribute -- which is a misdemeanor.

Robert Kessler, commander of the York County Drug Task Force, said search
warrants were obtained after an undercover state police trooper bought
paraphernalia from at least one of the locations about two weeks ago.

Although some smoke shops might insist the pipes are for tobacco use only
- -- affixing signs saying that near the pipes -- Kessler said that it's just
a tactic to get around the law.

"The bottom line is it's paraphernalia for the use of marijuana," he said.
"Over the years, I've been involved in over six head shop (places that sell
drug paraphernalia) arrests. All of them have ended in guilty pleas or
guilty verdicts."

Kessler said he was at the 2559 S. Queen St. location in Olde Tollgate
Village yesterday and did not see any evidence at the store suggesting the
pipes were for tobacco use only.

Mark Tucci, president of Custom Blends, however, said this morning his
shops always made it clear merchandise was for tobacco only.

"We've always been very tight," he said from his East Prospect Road home,
the same address police identified as the warehouse. "We always ID and if
anybody ever gave us the impression they would use them for something
illegal, we wouldn't sell to them and we would take them out of the store."

He also expressed surprise that, after nine years in business with no
problems, authorities would suddenly take this step.

"If one person had called me and let me know that what I was selling was
offensive, I would have taken it out and handled it myself," he said.

State police, who led the investigation, were assisted in the seizure by
York Area Regional and Gettysburg police departments and the district
attorney's offices from York and Adams counties. During the search,
investigators also seized the businesses' financial records.

The Straban Township shop is at 1895 York Road and the warehouse is at 3840
E. Prospect Road, Windsor Township.

Tucci this morning had not spoken to his attorney and declined to comment
on his legal options. He said Custom Blends will remain open for business.

The merchandise seized by police, he said, "was always a small part of my
income."