Stillwater drug paraphernalia ban becomes law, lawyer promises court challenge

Categories: Drugs
glass pipe.jpg
This pipe is now illegal in Stillwater.
Last month, we told you about a proposed ordinance in Stillwater that would ban drug paraphernalia in the city.

At that time, the ordinance had been approved in a first reading before the City Council, but needed a second approval before becoming law. That second reading happened May 1, after which council members voted unanimously to make the paraphernalia ban city law.

Using a definition of "drug paraphernalia" taken from state statute, the ordinance bans "objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing controlled substances," including glass pipes, water pipes, roach clips, and chillums.

Under the terms of the ordinance, people caught selling drug paraphernalia could receive a misdemeanor, while anyone who knowingly uses or possesses drug paraphernalia could receive a petty misdemeanor.
Stillwater.jpg
Stillwater is on the frontline of the war against glass pipes.

During the May 1 council meeting, Rachel Nelson, an attorney representing the owner of Stillwater Tobacco, said she will take the city to court if police attempt to enforce the ordinance. She pointed out that many Stillwater residents of Middle Eastern descent enjoy smoking Dokha and Shisha tobaccos from pipes that are seemingly banned by the ordinance.

"These are perfectly legal [substances] ingested by smoking," she said, according to the Stillwater Gazette. "By targeting these items you are denying their use."

Stillwater modeled the ordinance on one recently approved in the city of Moorhead. The Moorhead ordinance withstood a legal challenge, meaning Stillwater officials have reason to believe their paraphernalia ban can do so as well.

Previous coverage:
-- Stillwater approves drug paraphernalia ban, on forefront of war against glass pipes
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17 comments
Budjermain
Budjermain

in minneapolis, all head shops have signs stating that "illegal reference" will result in refusal of sale. last time i checked it is not illegal to smoke tobacco out of a glass pipe, papers, or water pipes. try and charge me with a crime for smoking tobacco out of pipe, i'll see your ass in court and defend myself, violently if nesescary. i thought we lived in a free country, guess i was wrong.

Yongfang
Yongfang

Another example of a local a-hole government, in a nation that is getting more and more repressive with laws, rules, statutes and ordinances.

First, one can turn a lot of things into a marijuana pipe. A soda can for example. An apple. glass jars, plastic pop bottles, really most anything can me utilized to make a pipe. I even knew someone who made a pipe out a Rubik's cube!

Second, people can smoke legal substances with those pipes. What about hookahs? Are those banned too? They are waterpipes, and people do smoke tobaccos in them.

I am very pro marijuana and it needs to be legalized, regulated and taxed. Quit throwing people in jails, and prisons and giving them criminal records for the rest of their lives over a plant. To the local government wankers, let the head shops sell their wares and you get tax revenue. Yes, TAXES, the money that you extort from us who work for a living.

Research
Research

A friend told me the other day, "for every law made, means a piece of freedom is lost."  I'm 29 and have been casually smoking for a good decade.  In public or on private property.  Never been hassled for it. Except once in H.S. but the cop just took the bowl and weed and said get out of here.  Seems like I'm free to smoke if I want.

Bud is Best
Bud is Best

Thankfully, our dear Stillwateren's still have Oxycontin mixed with a bottle of Vodka to fall back on for their self-medicating needs.

Yup!
Yup!

Well this will obviously curb drug use in Stillwater. 

Rokkon007
Rokkon007

how can you call marijuana a drug? its a plant that has less negative effects than alcohol and cigarettes, and more positive effects as well... so why are alcohol and cigarettes legal?

Roe Pressley
Roe Pressley

Dude, even I could read his sarcasm. Lighten up.

JonnyRockstar1234
JonnyRockstar1234

 Most drugs can be created from natural ingredients, such as Heroin, Coke etc.  that fact is there are negative effects of any drug.  We all agree pharmaceutical companies lap up anything where they can make a profit - and their drugs can be just as harmful.  But the fact remains that there are studies that show MDMA can be used for good purposes, does it mean it should be legalized for kids to abuse it? No.  Most people who consume recreational drugs tend to abuse it.  That includes alcohol too!

h.s
h.s

This person is being sarcastic.

ludwigtr
ludwigtr

Noun:A substance that has a physiological effect when ingested or otherwise introduced into the body, in particular.

It's a drug

Yup!
Yup!

 I was hoping someone wouldn't have had to explain my comment. Sheesh.

ludwigtr
ludwigtr

 coniine is also a natural drug.  It is the substance found in hemlock plants, and it is a neurotoxin.

Just because nature made it, doesn't mean it's good for you.

Rokkon007
Rokkon007

ok, makes sense, but its a natural drug, and like i said, much less damaging than everything else

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