|
|
[ INDUSTRY NEWS]
N.Y. retailers bluntly refute Rochester initiative
Controversy erupted in August in Rochester, N.Y., where a police task force threatened to arrest retailers if they didn't stop selling blunts and blunt wrappers.
Under the auspices of the Greater Rochester Area Narcotics Enforcement Team (GRANET), police claimed these products serve no purpose other than to smoke marijuana and therefore should be treated as "drug-related paraphernalia" under the law.
"With all due respect, these are legal tobacco products that our members are licensed by the state of New York to responsibly sell to adult customers," said James Calvin, president of the New York Association of Convenience Stores. "No one questions their commitment to fighting drug abuse, but they are clearly overreaching."
GRANET began visiting stores, showed owners and managers the products they consider to be drug paraphernalia, ordered them to remove those items from the shelves and required them to sign a statement that they have been advised of "the products in my store that are in violation." NYACS cautioned its members to confer with legal counsel before signing any such statement, since there is no legal basis for concluding that anyone has violated the law.
"These types of drug paraphernalia seem all too commonplace in our community," GRANET wrote. "These types of drug paraphernalia include devices utilized to smoke/ingest marijuana and crack cocaine. Many devices include 'blunts' or cigar-type wrappers that are flavored with exotic flavoring and are marketed to entice young persons to purchase them. It is known and documented that these types of 'blunts' or cigars serve no legitimate purpose other than the smoking of marijuana."
GRANET threatened to arrest retailers under Section 851 of New York's General Business Law, which makes it a civil offense to sell drug-related paraphernalia.
Calvin pointed out that the state's Public Health Law includes cigars, rolling papers and "other tobacco products" in its definition of tobacco products that are legal for licensed establishments to sell as long as they are not sold to persons younger than 18.
|
