Blunts Once Again Free To Be Sold In Philly

While we’re on the subject of praising judges, it’s time to give a hearty Philadelphia cheer to Judge Gary S. Glazer, who on March 7 threw out the city’s blunt ban.

John Street signed the blunt ban into effect back in January, and cigar manufacturers and distributors challenged it in court seven days later. The ban criminalized the sale of any item used to “convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of [the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act]” in situations “where the seller knows, or under the circumstances reasonably should know.”

But, apparently, there are pesky state laws that prevent municipalities from criminalizing random legal items — such as bongs, pipes, rolling papers, blunts, apples and two-liter soda bottles. Let’s just quote here from the Northeast Times article:

In overturning the law, Glazer wrote, “Although the ordinance has a laudable anti-drug objective, its operation is inconsistent with state law. The ordinance converts a specific intent offense into a strict liability one, subjecting legitimate businesses selling legal dual-use products to the arbitrary enforcement of the City of Philadelphia Department of Licenses and Inspections.”

That is, state law requires that local authorities enforcing restrictions on drug paraphernalia prove the intent by the seller, buyer or possessor to use the item as such. State law outlines 13 factors to consider when making such a determination.

The factors include verbal statements, written instructions, visual depictions, proximity of the alleged paraphernalia to controlled substances and expert testimony concerning its use.

Wait, people have to be guilty to be found guilty under the law? How dare they! City Councilman Brian O’Neill, who originally sponsored the bill, will attempt to pursue the issue. The city might appeal. But for now, smoke away on your blunts, as long as they don’t have marijuana in them! And you’re not in a public work place. And you’re not within 20 feet of a door. And you don’t litter afterward.

Law banning the sale of ‘blunts’ overturned [Northeast Times]
[Photo via that biggest purveyor of Phillies blunts, Sam's Club]