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Glass Pipes Not Drug Paraphernalia
Des Moines,Iowa (KCCI-TV)- The Iowa Court of Appeals is giving a legal victory to the owners of retail head shops.
The court is ordering the return of glass pipes that were seized by agents during a warrant served at Day Dreams in Des Moines.
It's taken a long time, Jerry Clark, Day Dreams co-owner said. But it's good to get it done and find out we were right all along and they were wrong.
He thinks this is a win for all head shops.
It clarifies the rule, Clark said. There has always been a lot of conjecture before about what's legal and what illegal ... we paid the bill and they rode in on our coat tail but they'll benefit regardless.
A three-judge panel says no drugs were found there, so there is no evidence suggesting the pipes "were used, or attempted to be used, in combination with a controlled substance" as required to be considered paraphernalia.
The court says adopting the state's position would make selling glass pipes a federal felony and allow all such property to be forfeited.
Des Moines police said it doesn't change a lot about what they do if pipes are not found with drugs.
If you have a pipe on you and it has residue, that likely would be a charge of possession of drug paraphernalia, Sgt. Jason Halifax, Des Moines Police Department said.
Halifax says pipes can be legally bought and sold here for tobacco use. And Clark plans to continue selling pipes; his only problem now is space.
In the two years or so since we lost everything, we built our inventory back up and it's been costly and frankly i don't know where the hell Im going to put it all but we will find a spot, Clark said.