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Criminal Justice & Legal System

Appeals court says state rule against party stores selling bongs is too vague, tosses it out

bong.jpg
Vishal Wagh
/
Flickr - http://bit.ly/1rFrzRK
"Narcotics paraphernalia" includes bongs, bowls and other smokable pipes.

The Michigan Court of Appeals has struck down a rule that says bars and party stores can’t sell “narcotics paraphernalia.”

In 2013, the state Liquor Control Commission sanctioned a Montcalm County party store for selling bongs and pipes commonly used to smoke pot.

A Liquor Control Commission rule says bars and party stores can’t sell –quote- “narcotics paraphernalia.” There’s no specific definition of that phrase in the rule, though. The appeals court says that leaves owners with no real guidance on whether they’re breaking the rule.

The party storeowner says the pipes on sale in the shop can also be used for tobacco.

The appeals court says the rule is so vague it can’t be enforced, and threw it out. The state can appeal the decision to the Michigan Supreme Court.

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