Saturday, November 19, 2005

No Double Standards Here

While the Massachusetts State Legislature was busy last week working to legalize the sale of hypodermic needles to drug addicts...

From The Patriot Ledger:

A police raid targeting the sale of bongs, scales and pipes from a Pembroke smoke shop may be the first in a countywide crackdown on paraphernalia that authorities say is clearly used for doing illegal drugs.

[snip]

...the state'’s drug paraphernalia laws were strengthened in 1997 in large part because of the efforts of Hanover Police Chief Paul Hayes, who went to the Legislature with examples of paraphernalia found in his town.

His demonstrations resulted in a law that prohibited the sale of anything "primarily intended" for drug use. The key, Hayes said, is that "primarily intended" is defined as the "likely use which may be ascribed to an item by a reasonable person."

Ahhh...a "reasonable person". Well, if there's one thing you can't accuse me of, it's using that term to describe the politicians who comprise the hack-o-rama that's overtaken the State House.

Hayes said this standard makes it easier to prosecute owners because a jury will readily identify a water pipe as drug paraphernalia despite its other possible uses.

Yeah, like...um....uhhhh....hey, man, is that a Yodel?

"(Owners) can't tell us in these stores that they don'’t know what they'’re being used for," Hayes said. "We've already been through that with the Legislature."

Again, that whole "reasonable person" thing there.

Hayes said the law is clear: Sell something you know will be used for drugs, and face prosecution.

Bottom line: If Walgreen's is allowed to sell needles to any strung-out junkie who walks through the front door, then there's no compelling reason I can think of why this storeowner shouldn't get her property returned to her forthwith, with a written apology from the Plymouth County prosecutor's office.