Michigan → Discussion•
Michigan paraphernalia bill


Sponsor
AineOct 18, 2005 3:10pm
Michigan paraphernalia bill could put many in peril

Should Michigan prosecutors have broad powers to arrest people for selling "drug paraphernalia" -- including plastic bags and tobacco pipes -- even if the sellers could not have known that the items would be used for illegal purposes? A bill moving through the Michigan Legislature, H.B. 5077, would do just that. If you oppose such an unjust and ill-conceived move, then please take action by visiting https://ssl.capwiz.com/mpp/mail/oneclick_compose/?alertid=8131916

H.B. 5077, which has been referred to the House Committee on Judiciary, would make it a crime to sell anything from plastic bags to tobacco pipes if the items are later used for the sale, manufacture, or use of any controlled substance. This modification to Michigan's paraphernalia laws could hurt many people engaging in everyday retail sales. We need your help to stop this bill from becoming law.


Here is the letter I sent:

Dear [my congressman's name was inserted here],

I am writing to you about H.B. 5077, which will adversely alter how the law defines drug paraphernalia.

As the paraphernalia law is currently written, a person must know that an item he or she is selling will be used for the purposes of manufacturing, distributing, or using drugs. This creates a reasonable protection for those engaging in legitimate business, since not everyone can be completely sure how his or her customers will use the items they purchase.

H.B. 5077 will remove this language from the law, potentially making it a crime to engage in everyday retail sales. For example, a grocer may be arrested for selling plastic bags to a customer who later uses the items in a transaction involving drugs, even though a grocer could reasonably assume plastic bags will be used to hold food and not drugs.

This bill would also remove the requirement that the prosecuting attorney notify people if items they are selling are being considered illegal paraphernalia. If the seller ceases selling and offering to sell the items, he or she will not be subject to arrest. This protects those who may be understandably unaware that the items they are selling are being used in a crime.

Rather than making criminals out of law abiding citizens with legislation such as this, I think government should concern itself more with helping out Michigan's economy by creating jobs, not destroying them, and not ruining people's lives with new "crimes" they didn't even know they were committing.

I also think Michigan's drug laws and the "War on Drugs" are a complete waste of resources and manpower that could better be used to create jobs, support our schools, subsidize our senior citizens' heating bills, and provide healthcare and medicine to the unfortunate people who cannot afford medical and dental insurance. Clearly, Michigan has not done enough to help its own citizens and businesses.

I urge you to consider the long-term consequences (and all of the various interpretations this law will be subject to) and oppose H.B. 5077. These kind of shortsighted and reckless laws, passed in the name of fighting drug use, can have disastrous and unintended results.

Will we next be prosecuting those who sell automobiles because they may later be used to kill people in drunk driving incidents? There are plenty of other similar examples of legislative & legal stupidities that could result out of something like this.

No matter how well-intentioned this law may be, people engaging in legitimate business should not face criminal penalties simply for doing their jobs and trying to earn a living.

Thank you for your time.

Sincerely,

[my real name here]

Sponsor
sidewaysOct 25, 2005 4:38am
Another asinine example of government trying to micromanage the unmanageable.

In a parking lot, I once found a drug pipe made from a 1-liter coke bottle and a small piece of aluminum foil. I knew it was a pipe because there was tar residue on the foil, which had been pushed into the bottle opening to form a sort of "cup", with a couple of tiny holes poked in the bottom. There was a hole cut in the side of the bottle. Seemed pretty ingenious to me, but plastic bottles weren't common in my younger days.

I guess this dorky law means a bottle of drinking water could land me in jail now. Stoopid, stoopid, stoopid.

Sponsor
AineOct 25, 2005 11:31am
Virtually ANYthing could be potentially used in a drug-related incident. I can see some over-zealous local prosecutor using it to harass people they don't like or retailers they'd rather see put out of business simply because they don't agree with that person's political or social views.
----------------------
Update: Today I got a letter from my Rep, Rich Brown, regarding HB5077:

Thank you for your email on HB 5077. Rep. John Stakoe is the sponsor of this bill. Due to all the calls opposing this legislation, Rep. Stakoe has decided to let this bill die in committee. Which means, it will not be taken up or dicsussed (sic) by committee members at all.

Thank you for your comments. I appreciated hearing from you.

REP RICH BROWN


So... this one is going to die in committee.
Yay! :)

Sponsor
BStablerOct 26, 2005 3:50pm
wait, they did something right?

Sponsor
AineOct 26, 2005 5:41pm
I know, hard to believe, isn't it? lol

Sponsor
sidewaysOct 31, 2005 5:09am
wow! Good thing it died, or I'd have a house full of "paraphernalia" - plastic bags, aluminum foil, lighters, water bottles....heck even my drivers license or credit cards. ooooh, my duct tape...druggies use that to wrap bales, don't they?

Sponsor
KibiyamaSep 4, 2006 12:11am
Drugs shouldn't be illegal anyways. We've always messed things up by being too uptight. Just look at prohibition. I'm not saying this because I do drugs, in fact the only drug I've ever done is caffeine. I really think it's in the best interest of the entire country.

AmataPingvenoOct 20, 2007 11:23am
The prosecutor for Grand Traverse County made the head shop in T.C. stop selling pipes and bongs. I believe this is the only county enforcing the law.


Michigan paraphernalia bill

You need to Sign-up for StumbleUpon to post to this forum