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Florida Bong Ban Goes Up in Smoke

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Florida Bong Ban Goes Up in Smoke
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Jay Work, founder of the Florida Smoke Shop Association, hired lobbyists to stop a Florida law that would have banned the sale of pipes. (Courtesy Jay Work)

By RUSSELL GOLDMAN
June 19, 2013



A law that takes effect on July 1 in Florida was supposed to outlaw the sale of pipes -- all of them.
As initially drafted, House Bill 49, would have pried all manner of pipes from the hands of all manner of people -- the stoner in his dorm room, the crack head on the corner, even grandpa in his rocker.
"I'm disappointed in the ultimate outcome that passed out of the legislature and went to the governor," said Democrat state Rep. Darryl Rouson, who wrote and sponsored the bill. "The original bill would have banned and prohibited the retail sale of pipes."
Rouson knows what everyone who has ever entered a head shop knows. Despite those "for tobacco use only" signs hanging over the water pipes, virtually no one is smoking tobacco out of a 4-foot glass bong.
"Everybody accepts that the retailer knows what's really being smoked out of bongs, water pipes, hash pipes and crack pipes, and it's not tobacco," Rousson said. "We may not be able to eradicate drug usage but we can certainly make it less convenient than walking across the street to a minimart, gas station or head shop."
"When was the last time you walked into someone's home and on the coffee table or credenza there was a bong, and someone asked you if you'd like to smoke some tobacco," he asked.
A Florida without pipes nearly became a reality. Earlier this year a state appellate court upheld a 2010 law, also sponsored by Rousson, requiring that a shop's income could not come from more than the 25 percent sale of pipes.
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By March, Rousson had a draft of another bill, banning all pipe sales, and enough members in both houses of the state legislature to guarantee its passage.
And then Jay Work got involved.
Work, a 51-year-old self-described "pipe peddler" owns four shops in Broward and Palm Beach County. He organized a group of store owners to fight the 2010 bill in the courts, but when he learned of the planned banned he knew he had to take action to stop it.
"I'm a pipe salesman, that's it. This bill would have put me and 390 of the other 400 store owners out of business and lots of people out of work," Work said.
"I don't sell drugs, I don't sell pipes to people who say they want to do drugs. If someone mentions the word bong, I kick them out of the store," he said.
Work initially planned to fight any new law again in court, but an attorney told him it wasn't a lawyer he needed to hire, it was a lobbyist.
Work organized the other store owners into the Florida Smoke Shop Association and raised more than $100,000 to pay for lobbyists.
With each successive visit to the capitol, lobbyists representing the group were able to chip away more at the proposed ban, including a Senate amendment that would exclude wood and meerschaum pipes.
Rouson says he agreed to those concessions and was willing to make sure "grandpa could continue smoking his corncob pipe."
But, eventually two House members who had supported the ban told Rousson they would no longer vote for it. A new version of the bill, originating in the Senate, and essentially affirming the law already on the books prohibiting stores from "knowingly or willingly" selling pipes for illegal drug use passed in both chambers.
"It costs a lot of money to play with the big boys," Work says of his first foray into underbelly of politics. "It's a game and the only way to play is with money."
News of the potential July 1 ban on pipes, and devices sold as "pipes," has spread faster and more widely than the truth that the ban was actually quashed.
"We want our customers to know that we're still here and in business," said Work, who has seen an uptick in business in recent weeks as nervous customers look to buy a bong before the ban goes into effect. "But we might not tell them we're not going anywhere until after July 1."
http://abcnews.go.com/US/florida-bong-ban-smoke/story?id=19430624#.UdohmIzD90Q
 

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Florida Bong Ban Takes Effect, But Is It Enforceable?

Florida Bong Ban Takes Effect, But Is It Enforceable?

Florida Bong Ban Takes Effect, But Is It Enforceable?
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TALLAHASSEE, FL — As of today, the sale of most pipes, water pipes and bongs will be banned in Florida as a bill passed by lawmakers in April and signed by the Governor in June takes effect. But are they really banned?
Under the new law, it is now a first-degree misdemeanor for any retailer “to knowingly and willfully sell drug paraphernalia.” Second and subsequent violations jump to a third-degree felony.
As initially drafted, House Bill 49 was intended to ban the sale of the following smoking devices: metal, wooden, acrylic, glass, stone, plastic, or ceramic smoking pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls; water pipes; carburetion tubes and devices; chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes or chillers.
The only pipes that the bill specifies will still be allowed for sale in Florida must be made of briar, meerschaum, clay or corn cob.
The bill establishes five new crimes: use or possession of drug paraphernalia, manufacture or delivery of drug paraphernalia, delivery of drug paraphernalia to a minor, transportation of drug paraphernalia, and advertisement of drug paraphernalia.
“Rather than just regulating them, let’s just ban them,” Darryl Rouson (D-St. Petersburg), a recovering crack addict turned lawmaker who authored the bill. “If we can make people drive to Georgia and Alabama and South Carolina to get fireworks, they can drive to get these utensils of death.”
“We want to put out of business anyone selling paraphernalia used for smoking pot, crack or anything of that nature,” said Rep. Linda Stewart (D-Orlando), a co-sponsor of the bill. “I don’t know of anybody that uses a glass pipe for tobacco.”
The new law, however, is vague and lacks the potential for enforcement. According to the bill, the entire text of which can be read here:
It is unlawful for a person to knowingly and willfully sell or offer for sale at retail any drug paraphernalia … other than a pipe that is primarily made of briar, meerschaum, clay or corn cob.
According to an analysis of the bill by the Florida House of Representatives:
It is important to note the items included as drug paraphernalia … are not illegal to possess unless they are used, intended for use, or designed for use in a specified manner.
Karan Rana, who operates a Daytona Beach convenience store that carries a small selection of glass pipes, says that while the store sells both the pipes and tobacco, he can not control what a customer does with a pipe once the purchase is made and the customer leaves the store.
Jay Work, owner of Grateful J’s, a small chain of Florida smoke shops, says the bill changes nothing, and come Monday, it will be business as usual at his four locations.
“It doesn’t change a thing in the way we do business,” Work said, emphasizing that his shops have always refused sales to any customer referencing illegal substances.
“I don’t sell drugs, I don’t sell pipes to people who say they want to do drugs. If someone mentions the word bong, I kick them out of the store,” he added.
Work is founder of the Florida Smoke Shop Association, an industry organization of smoke shop owners, vendors and glass blowers formed in April to fight the “bong bill” as it worked through the legislature.
The association was able to raise over $100,000 to fight the bill, successfully lobbying for changes that reduced the bill’s effectiveness.
The bill’s author, Rep. Rouson admits that the bill as passed only makes it illegal for retailers to sell the products for use with illegal drugs instead of tobacco use, essentially removing the bill’s effectiveness.
“I’m disappointed in the ultimate outcome that passed out of the legislature and went to the governor,” said Rouson. “The original bill would have banned and prohibited the retail sale of pipes.”
Rouson says that the version that became law July 1st essentially only affirms existing Florida law prohibiting stores from “knowingly or willingly” selling pipes for illegal drug use.
But some law enforcement officials think the bill is just enough to take “appropriate enforcement action,” although they admit that the law won’t have an impact on drug use in the state.
Volusia County Sheriff Ben Johnson said that his deputies will offer a warning before any police action is taken against shops they feel may be in violation of the new law.
“For those businesses that are selling banned items, they will get one warning from us to come into compliance or face the criminal sanctions provided for in the law,” Johnson said, adding that the deputies will make follow up visits to those businesses to ensure compliance before any “appropriate enforcement action” is taken.
“We’re under no illusion,” Johnson added, “that this law will have a significant impact on the use of marijuana and other illegal drugs.”
 

justpassnthru

Active member
Veteran
:wtf: Smoking is illegal, yet our Gov't continues to give FREE NEEDLES to junkies! Something is wrong here...

It is about time
Uncle Sam opens
the free Glass Factory! And improve peoples health.

Please Obama, I'd like a Zong Bong! :nanana: jpt
 

Jon 54

Member
I HAVE A FRIEND WHO LIVES IN BOYNTON BEACH AND HE TOLD ME TODAY RIGHT AFTER I READ THIS POST THAT NO ONE AT ALL IS ENFORCING THIS STUPID LAW. JUST A BUNCH OF HYPE1111:smoweed::bongsmi::plant grow:
 

MJOFMJ420

Member
I LIVE IN FLORIDA AND THEIR IS A SH*T LOAD OF SMOKE SHOPS AND TABACCO SHOPS THAT SELL ALL TYPES OF BONGS PIPES VAPES ECT ECT
THEY SELL THEM IN EVERY CORNER. ALL GAS STATIONS, DOLLAR STORES, MALLS, AND NOW EVEN ALOT OF PHONE COMPANYS LIKE METRO PCS AND BOOST MOBILE ARE HUSTLING CANNABIS PARAPHERNALIA LMFAO ITS TRUE
 
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