'LEGAL AMBIGUITY' LEADS TO ARREST OF AREA MERCHANT

Man Charged With Promoting Drug Use By Selling Tobacco Smoking Accessories
In His Store

Dan Dubois says he has been selling tobacco smoking paraphernalia for close
to five years, in his Dubois Collectibles in the Place Bonaventure mall in
Chelmsford, without any problems with the law.

Back on Oct. 30, Greater Sudbury Police officers raided the store,
confiscated close to $4,000 worth of merchandise and arrested and charged
Dubois.

Sgt. Gary Davidson of the drug unit says Dubois has been charged with two
counts of promoting illicit drug use. The items that were confiscated from
his store are not illegal products in Canada, so long as they are not
directly sold as items for drug use.

"No, they are not illegal, not until you portray them as drug-related,"
said Davidson. "You have committed an offence if you say those items are
good for smoking marijuana or hash oil. In that case, a merchant would be
promoting and selling instruments for illegal drug use."

The products Dubois was selling are readily available in stores in Sudbury
and throughout the country. An array of small pipes, bongs, clamps, hemp
papers and scales were among the items confiscated, according to Dubois.
But items that could never be associated with drug use, he added, were also
seized, including shot glasses, candle holders, lighters and scissors.

"I was told that an undercover cop came in here and more or less let me
know that he would be using these products for drugs," said Dubois. "Next
thing we know the police entered the store with a canine unit, handcuffed
my employee and ransacked the place. I was arrested and thrown in jail."
All of the products in question were kept out of view of minors, behind the
door of a small back room. A sign on the door reads: "Tobacco products
restricted 19 years or older. Please enter." A disclaimer on a display case
also states that the products are not to be used for illegal substances.
Dubois argues that there are ambiguities in the law, and that retailers
shouldn't bear the brunt of it.

"I purchase these items from a wholesaler," Dubois said. "Whatever they
sell me, I can resell. If the authorities are saying these products are
illegal, why don't they stop them at the source? If it's a morality issue
then stop the stuff before it comes into the country."

Dubois admits that some people may be using the items to smoke cannabis or
hash oil, but he has no way of telling that.

Davidson defends the police action, saying undercover officers engage in
activities such as making drug purchases in order to arrest drug dealers.
Such activities are legitimate means of curtailing illegal activities.

"These laws are still on the books and such activities are a criminal
offence," Davidson said. "Until that changes, we will continue to deal with
them."