After a several months-long undercover investigation, the San Diego County Sheriff's Department seized several thousand items of suspected drug paraphernalia, including pipes and bongs, from two local smoke shops Oct. 22.
Sheriffs raided Up in Smoke on Seacoast Drive and Inner Visions, located in the Miracle Shopping Center at 9th Street and Palm Avenue. Two misdemeanor arrest were made, including a female woman identified as the owner of Inner Visions. Both arrestees were cited and released with a promise to appear in court.
According to Imperial Beach Sheriff's Station captain Lisa Miller the sting and arrest came after the San Diego district attorney and the sheriffs sent a compliance letter warning local smoke shops that they were ordered to stop selling drug paraphernalia under California Health and Safety Code 11364.7.
California H&S code 11364.7 determines one who sells drug paraphernalia as "any person who delivers, furnishes, or transfers Å under circumstances where one reasonably should know, that it will be used to ... conceal, inject, inhale or otherwise introduce into the human body a controlled substance... is guilty of a misdemeanor. All drug paraphernalia Å is subject to forfeiture and may be seized by any peace officer."
"It has been confirmed through our investigation that the paraphernalia we purchased was going to be used for smoking marijuana," said Miller.
Tom Bobzin, an attorney for Up In Smoke's owner Chris Nasser, called the confiscation of his clients merchandise "a clear violation of his civil liberties."
The sheriffs had no warrant or court order to seize Nasser's or Inner Vision's merchandise. "I don't know of any precedence for this, you just shake your head at this," he said. "It's clearly an abuse of their power." Bobzin said the estimated dollar amount of Nasser's merchandise was between $30,000 to $40,000.
"The law is so broad, what is important is the nexus of intent, which is what allows a gun shop owner to sell guns or a grocery store to sell cough syrup. Law enforcement could go to a car dealership and say they are going to seize all the cars because they could say they believe the cars will be used for drug smuggling," he added.
"We only seized what was in plain view," said Miller. "We are responding to a tremendous call from the community to put a stop to this kind of paraphernalia. People are worried about our youth," she said.
The day after the sting, Up in Smoke's doors were closed. One employee, who wished to remain unidentified said, "Now I'm out of a job," as he packed up what remained in the store into plastic storage containers. It is unclear at this time if Nasser plans to shut down his store permanently or temporarily. His lease with the property owner has nearly nine years left on it.
"It is an abusive system we have, they can dismantle your life but they don't have to put it back together if they are wrong," said Bobzin.
The female owner of Inner Visions (who wished to remain unidentified,) only offered a short comment on the matter. "You know we've been in business for 30 years and this has never happened to us. We always paid our taxes and everything," she said. On Oct. 23 Inner Visions remained open for business, without pipes or bongs, however several large hookah pipes remained on the shelf.
Currently Nasser and the city of Imperial Beach are in a civil litigation involving Nasser's business application and a business code violation. Imperial Beach city attorney, Jim Lough, said that he hadn't heard about the incident until Oct. 27 and he wasn't prepared to offer any comment.
Imperial Beach mayor Jim Janney also offered no comment.
The day after the sting, Oct. 23, a public rally was held at Pier Plaza by the Institute for Public Strategies and local Imperial Beach citizens protesting the existence of drug paraphernalia in the city.
When asked if the date of the sting was in conjunction with the rally, Miller said no. "It's a total coincidence."
Leon's tobacco, located in the 200 block of Palm and Tommy's Tobacco, located near 13th Street and Imperial Beach Boulevard had no merchandise removed by the sheriffs.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Imperial Beach Eagle & Times
Author: Jonathan McCorkell
Contact: Imperial Beach Eagle & Times
Copyright: 2008 Eagle Newspapers
Website: Sheriff's Department Raids Two Local Smoke Shops
Sheriffs raided Up in Smoke on Seacoast Drive and Inner Visions, located in the Miracle Shopping Center at 9th Street and Palm Avenue. Two misdemeanor arrest were made, including a female woman identified as the owner of Inner Visions. Both arrestees were cited and released with a promise to appear in court.
According to Imperial Beach Sheriff's Station captain Lisa Miller the sting and arrest came after the San Diego district attorney and the sheriffs sent a compliance letter warning local smoke shops that they were ordered to stop selling drug paraphernalia under California Health and Safety Code 11364.7.
California H&S code 11364.7 determines one who sells drug paraphernalia as "any person who delivers, furnishes, or transfers Å under circumstances where one reasonably should know, that it will be used to ... conceal, inject, inhale or otherwise introduce into the human body a controlled substance... is guilty of a misdemeanor. All drug paraphernalia Å is subject to forfeiture and may be seized by any peace officer."
"It has been confirmed through our investigation that the paraphernalia we purchased was going to be used for smoking marijuana," said Miller.
Tom Bobzin, an attorney for Up In Smoke's owner Chris Nasser, called the confiscation of his clients merchandise "a clear violation of his civil liberties."
The sheriffs had no warrant or court order to seize Nasser's or Inner Vision's merchandise. "I don't know of any precedence for this, you just shake your head at this," he said. "It's clearly an abuse of their power." Bobzin said the estimated dollar amount of Nasser's merchandise was between $30,000 to $40,000.
"The law is so broad, what is important is the nexus of intent, which is what allows a gun shop owner to sell guns or a grocery store to sell cough syrup. Law enforcement could go to a car dealership and say they are going to seize all the cars because they could say they believe the cars will be used for drug smuggling," he added.
"We only seized what was in plain view," said Miller. "We are responding to a tremendous call from the community to put a stop to this kind of paraphernalia. People are worried about our youth," she said.
The day after the sting, Up in Smoke's doors were closed. One employee, who wished to remain unidentified said, "Now I'm out of a job," as he packed up what remained in the store into plastic storage containers. It is unclear at this time if Nasser plans to shut down his store permanently or temporarily. His lease with the property owner has nearly nine years left on it.
"It is an abusive system we have, they can dismantle your life but they don't have to put it back together if they are wrong," said Bobzin.
The female owner of Inner Visions (who wished to remain unidentified,) only offered a short comment on the matter. "You know we've been in business for 30 years and this has never happened to us. We always paid our taxes and everything," she said. On Oct. 23 Inner Visions remained open for business, without pipes or bongs, however several large hookah pipes remained on the shelf.
Currently Nasser and the city of Imperial Beach are in a civil litigation involving Nasser's business application and a business code violation. Imperial Beach city attorney, Jim Lough, said that he hadn't heard about the incident until Oct. 27 and he wasn't prepared to offer any comment.
Imperial Beach mayor Jim Janney also offered no comment.
The day after the sting, Oct. 23, a public rally was held at Pier Plaza by the Institute for Public Strategies and local Imperial Beach citizens protesting the existence of drug paraphernalia in the city.
When asked if the date of the sting was in conjunction with the rally, Miller said no. "It's a total coincidence."
Leon's tobacco, located in the 200 block of Palm and Tommy's Tobacco, located near 13th Street and Imperial Beach Boulevard had no merchandise removed by the sheriffs.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Imperial Beach Eagle & Times
Author: Jonathan McCorkell
Contact: Imperial Beach Eagle & Times
Copyright: 2008 Eagle Newspapers
Website: Sheriff's Department Raids Two Local Smoke Shops
