US MI: New Legislation Makes Sale of Bongs, Pipes Illegal

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.

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US PA: Boscola Wants Drug Testing On The Table

BOSCOLA WANTS DRUG TESTING ON THE TABLE She's proposing a bill that would allow testing in certain circumstances. There are legal questions. By MICHELLE PITTMAN The Express-Times State Sen. Lisa Boscola thinks legislation can prevent a situation like the one involving former Nitschmann Middle School Principal John Acerra from happening in the future. Boscola is working with legal experts to draft a bill giving school boards power to drug test administrators and teachers if they receive complaints about an individual's work history. But Boscola's not sure it can be done legally. "I would only consider drug testing for school employees under very limited circumstances where their behavior could clearly pose a hazard to students," she said. "Right now I'm exploring whether that could be done constitutionally and contractually." Boscola began looking into state laws following a meeting Wednesday with Bethlehem Area School District officials and hundreds of parents at Nitschmann Middle School regarding the arrest of Acerra, who faces felony drug charges after police said they caught him dealing crystal methamphetamine from his school office. "A lot of the parents' concerns were focused around drug testing," Boscola's Chief of Staff Bernard Kieklak said. "Many were calling for mandatory screening, but ( Boscola ) felt that was impractical and not the right way to go. It's basically saying the employees are guilty until proven innocent." Bethlehem Area School District Solicitor Ellis Katz told parents Wednesday that random drug testing for teachers and administrators is all but out of the question. As employees in the public sector, school personnel are protected from unreasonable search by the Fourth Amendment. Drug testing is considered a violation of their civil rights. "It wouldn't withstand constitutional scrutiny," he said. Teachers unions also complicate the matter. Even if the collective bargaining unit agrees to random drug testing, individual employees wouldn't necessarily have to consent, Katz said. "One ( lawyer ) said there are other employees -- pilots, bus drivers, charter bus drivers -- that have to be tested because they would be putting lives at risk. We want to see if those laws can be stretched to apply here," Kieklak said. "But then there's the other side that says district employees are already fingerprinted and have a background check done. They say there's no way drug testing can be put into their contract. It's a very hairy thing to do." The Pennsylvania School Boards Association does not have a model policy for drug testing. If there is a district that does test employees, association spokesman Scott Shewell said he isn't aware of it. "Obviously there are people's constitutional rights you always have to be careful about. But the people who serve the children and public should be open to the suggestion" of drug testing, said Pamela Colton of the Bangor Area School Board and IU board of directors. "I think what gets lost sometimes in these certain situations is think of how many people work in the 501 districts and the majority of them are there for the welfare of children. It's only the one in a million that causes a problem." Boscola agreed. "I believe that 99.9 percent of our teachers and school administrators are appalled by the thought of another teacher or principal using drugs or dealing drugs and would not hesitate to call the police if they suspected something like that going on in their school," Boscola said. Boscola's bill will also focus on better ways of getting complaints to school board members. "The board would have to have strong enough evidence to request a drug test," Kieklak said. "They'd be looking at work history, missed days, unexplained absences." The only employees of the Bethlehem Area School District who are subject to random drug tests are those with a commercial driver's license, according to Superintendent Joseph Lewis. "I'm not opposed to drug testing. It's the standard in our society today," Bethlehem Area School Board member Loretta Leeson said. "But we would have to have a reason. And the way it is now, it would make it very difficult for the board to build a case." Boscola said she has already drafted legislation that would increase the penalties for a school employee dealing drugs out of the school. Dealing drugs on school property is not considered a separate crime under state law. If a person is convicted of selling drugs within 1,000 feet of a school, the Drug Free School Zone statute mandates sentencing increase by no less than two and no more than four years. Kieklak said Boscola will also review the laws dealing with employee pensions. Under the current state school code, Acerra is eligible for his pension even if he is convicted of the charges against him. Reporter Doug Brill contributed to this article.

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US TX: PUB LTE: Repair Police Mistake

REPAIR POLICE MISTAKE Re: "Mistake by police sent her to jail -- McKinney defends officers who arrested woman on drug charge," Tuesday news story. I am a pro-law enforcement individual who has several friends who work for area police departments. However, this has to be said: It is a disgrace that police departments and other agencies can devastate a life, then hide behind the shield of immunity, while their victim has to clean up the mess they have made. What is even more disgraceful is that this victim was not immediately given her job back by the school district without penalty. It was bureaucrats covering other bureaucrats' mistakes. We as citizens need to demand of the Legislature that they change the immunity statute to require agencies and officers who make these mistakes to clean up after themselves. If not, there is always the next election. This would not necessarily require settlements, but that the agency or officer admit their mistake to the victim -- and work with them to repair the damage, contacting employers, creditors, etc., to explain the error and request that any adverse action be reversed immediately. To those who say this would cost too much money: I say it would not, as departments would tighten the rules to avoid these mistakes. How long would it have taken to determine that the woman in question did not have a tattoo? STEVEN GAUSS Dallas

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