NEW LEGISLATION MAKES SALE OF BONGS, PIPES ILLEGAL

Retailers who sell bongs, dugouts and pipes designed for drug use
will face prosecution after March 20, thanks to legislation signed
into law by the governor in December.

The legislation, which has direct ties to a case heard in Alpena
County in 2003, closes a loophole that allowed the continued sale of
these items despite a law that prohibits businesses from selling drug
paraphernalia in Michigan. Bongs, dugouts and pipes were exempt
because they could be used to smoke tobacco or herbs.

"That exemption is now gone," said Presque Isle County Prosecutor
Richard Steiger, who handled the case while he served as an assistant
prosecutor with the Alpena County prosecutor's office. "With the
loophole now closed up, it will be illegal for businesses to continue
to sell those items in the State of Michigan."

The case arose when the Alpena County prosecutor's office gave notice
to Concert Connection owner Wayne Gauthier that he would be
prosecuted for the sale of drug paraphernalia, Steiger said. In
response to the notice, Gauthier's attorney filed a request for the
26th Circuit Court judge to make a declaratory ruling stating whether
or not the sale of the items was illegal according to Michigan statute.

Steiger said the court ruled all the items in question, with the
exception of scales, were in fact drug paraphernalia.

When the case was appealed to the Michigan Court of Appeals, the
court of appeals agreed with the 26th Circuit Court opinion that the
items were drug paraphernalia. But the court also ruled a clause in
the statute that creates an exception for items that could be used to
smoke tobacco or other herbs allowed for the continued sale of bongs,
dugouts and pipes.

"The court of appeals stated right in their opinion that it was an
absurd result, but their hands were tied," said Alpena County
Prosecutor Dennis Grenkowicz.

The court invited Michigan legislators to amend the statute that
created a loophole for drug paraphernalia that also could be used to
smoke tobacco.

The legislation was passed last year and signed by the governor in December.

"I'm very pleased with the change in law," Grenkowicz said. "I think
it will be a big improvement. We were always troubled with mixed
message that was being sent to young people that drugs were illegal
but it was all right to sell drug paraphernalia."

Sale of drug paraphernalia is a 90-day misdemeanor.

Steiger said the legislation will enable prosecutors to better
enforce the statute that prohibits sale of drug paraphernalia.

The change in law won't affect the sale of tobacco pipes, he said.

Gauthier declined to comment.