CONTROL THROUGH DEPENDENCY
/By: Joel E. Gordon
The term drug paraphernalia refers to any equipment that is used to produce, conceal, and consume illicit drugs. It includes but is not limited to items such as bongs, roach clips, miniature spoons, and various types of pipes. Under federal law the term drug paraphernalia means “any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.” - National Drug Intelligence Center: U.S. Department of Justice.
Now the U.S. Department of Health & Human Services is reported to be giving grants to programs that hand out crack pipes to drug addicts as part of a program to “keep drug users safe” and as part of its plan to “advance racial equity." Yes, you read that right!
The idea is reported to be an attempt to limit infections among drug users. The $30 million Biden administration grant program, to begin distribution of funds in May, includes money for nonprofit groups and local governments to purchase 'safe smoking kits/supplies according to a report in the Washington Free Beacon. The pipes would also convince people to smoke instead of injecting drugs because injections are riskier, the report goes on to say. However, equipment that qualifies for funding includes fentanyl strips as well as syringes.
Funding for the "harm reduction" grant program is provided through Democrats' American Rescue Plan.
Under current federal law, it is unlawful to do any of the following:
· Sell or offer to sell drug paraphernalia,
· Mail drug paraphernalia or transport it through interstate commerce,
· Import or export drug paraphernalia.
Simple possession of paraphernalia is not a federal crime. However, under some state laws merely owning or having these items is illegal. Typically, police check for drug residue, and if it's clear that a pipe, bong, hookah or other item was used for smoking illegal substances, a person may face drug paraphernalia charges.
Examples of Drug Paraphernalia
Federal law lists numerous specific examples of prohibited paraphernalia, including:
· Pipes made of glass, wood, stone, plastic or ceramic,
· Water pipes, bongs and chillums (a long, hollow pipe usually made of clay),
· Roach clips (objects used to hold burning materials like rolled cigarettes or joints that are too small to be held by hand),
· Miniature spoons that hold less than one-tenth of a cubic centimeter, often used for snorting cocaine,
· Freebase cocaine kits, or paraphernalia used to smoke cocaine.
Some states have longer lists of banned items such as scales and balances intended to weigh controlled substances, equipment designed to test the strength or purity of controlled substances, materials or chemicals used to "cut" or dilute the strength of narcotics and syringes or needles for injecting controlled substances.
Both federal and state laws identify various factors that law enforcement officials must use to distinguish between a lawful physical object (e.g., a scale or a spoon) and unlawful drug paraphernalia.
In states that have legalized marijuana for recreational use, lawmakers may have eliminated certain objects from the list, such as bongs or roach clips. However, even if a state no longer outlaws these items, federal law still considers them to be illegal drug paraphernalia and forbids their sale.
Penalties for Possessing or Distributing
Punishments for drug paraphernalia are generally less severe than for offenses involving illicit drugs themselves. Under the federal statute, the maximum sentence for selling paraphernalia is three years, plus a fine. As noted above, federal law does not outlaw possession per se.
Under state laws, penalties vary. In some states, drug paraphernalia possession is a misdemeanor. While most states treat paraphernalia distribution as a misdemeanor, some punish it as a felony, for example, if it involves sale of items to minors.
What is going on here? Is an American president, Joe Biden, and his administration trying to create or allow a country full of addicted Hunter Bidens? Is the goal control through dependency? Is there no respect for the rule of law or for long established norms which evolved and were developed for the common good? Racial equity?
Had enough yet?
Sgt. Clyde Boatwright, president of the Maryland Fraternal Order of Police, said government resources are better spent on preventing drug abuse rather than making it safer.
"If we look at more of a preventive campaign as opposed to an enabling campaign, I think it will offer an opportunity to have safer communities with fewer people who are dependent on these substances."
Perhaps a prophetic Ronald Reagan may have said it best. “Either you will control your government, or government will control you.”
Joel E. Gordon is a former Field Training Officer with the Baltimore City Police Department and is a past Chief of Police for the city of Kingwood, West Virginia. He has also served as vice-chair of a multi-jurisdictional regional narcotics task force. An award winning journalist, he is author of the book Still Seeking Justice: One Officer's Story and founded the Facebook group Police Authors Seeking Justice. Look him up at stillseekingjustice.com
