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Volume 41, Issue 1
March 11, 2003

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March 11, 2003

FBI busts worry local merchants
By Carly Schorman
Mesa Legend


Jake Payne with pipe (inset)
PHOTOS BY CARLY SCHORMAN/MESA LEGEND
Local artist Jake Payne blows glass to create not just pipes but other glassworks and sculptures. However, Payne does rely on the sale of pipes to support his business. One of Payne’s pieces can be seen lower right.

The FBI has taken a new approach to the war on drugs. Recent arrests have been not of drug dealers, but of those who sell merchandise considered drug paraphernalia over the Internet.

The crackdown has many local store owners and craftsmen worried about where the line will be drawn that separates paraphernalia from lawful goods.

What makes a pipe or glass piece illicit? Most often it is the context in which the pipe is sold that determines whether or not it is paraphernalia.

Local glass blower, Jake Payne, explained, “A lot of shops sell clothes and High Times and stickers that say ‘Legalize’ and all that kind of stuff. That puts everything else in the shop in the context of drug paraphernalia.”

Many items used for drug consumption have alternate purposes, for example “if you have an apple with a hole in it next to a lighter and a grinder, you can call it paraphernalia,” said Payne.

Every pipe maker will tell you that pipes are made for smoking, but that alone is not illegal.

Many pipe makers have become vocal in addressing common misconceptions about their products.

While head shops, stores that sell such products, post signs that read “tobacco use only,” pipes are intended for a variety of other uses.

One man expressed his anger at the aim of glassworks such as pipes at younger consumers in the Glass Lampworkers Forum by saying, “It’s finally time for the pipe market to grow up. We need to instead start looking for the older wiser markets. Make it known what the benefits are of smoking natural herbs and which ones can enhance your life.”

As far as uses other than smoking illegal drugs, “I know that a vast range of herbs that can be smoked out of glass pipes . . . all the way from Native Indian tobacco to mug wart and certain other herbs that have a calming effect and are completely legal and herbal blends that are completely legal. They’re not suitable to be smoked out of wood pipes and things that tobacco is smoked out of. They are much better in a glass pipe with a carburetor on the side,” Payne asserted.

“Herbs have been used medicinally throughout human history. Only recently have chemical treatments become prevalent,” said Aristotle Griego-Marsh, a nursing student who focuses on holistic treatments.

Many herbs are considered beneficial when smoked to prevent or alleviate problems.

Amabilis Fir smoke is inhaled to prevent sickness, much like Grand Fir. Headaches and fainting can supposedly be eased through the smoke from Alpine Firs. Yarrow smoke is said to break fevers.

When asked about the intended use of his pipes, Payne responded with, “Does it matter? What are guns used for? Somebody could use it to protect themselves; somebody could use it to shoot a dog, a chicken, a person, themselves. Is the gun industry responsible for the end use?”

While internet companies are getting raided for selling paraphernalia, officials are citing the accessibility of minors to such products.

Payne addressed internet sales, “up until a week ago, I seriously considered (selling on the internet) because it is such a wide forum to sell anything. Just as much as porno sites have an age disclaimer because it’s illegal for underage kids to view, all those websites that sell pipes have a disclaimer too. It’s illegal to sell porn to a minor too, isn’t it? Why aren’t they shutting down all the porn sites?”

John Ashcroft justified the recent raids when he said, “the illegal drug paraphernalia industry has invaded the homes of families across the country without their knowledge.”

For Payne, selling to minors isn’t a concern. “I sell wholesale to shops. I do not know a single shop owner that is under 18.”

It is the responsibility of the store owners to make sure their clients are of legal age to purchase such products.

But is the clean-up of paraphernalia going to have any effect on the war against drugs?

Not according to local craftsmen.

“If somebody doesn’t have a nice glass pipe to smoke whatever they’re going to smoke, they can use a pop can. If somebody doesn’t have rolling papers they can empty the tobacco from a cigarette,” Payne mentioned.

“It has no effect on the end decision people make to use drugs. Just like if there weren’t guns, there would still be murder.”

Ways around the newly enforced laws are already being explored. One glass blower suggested creating a replaceable wood bowl to be placed in the pipe which could be removed thereby making the carburetor obsolete.

Proprietor of Moltenglass.com, who did not wish to be identified, stated “If anything, this type of behavior on the part of the federal agencies will be counterproductive to the war on drugs. Drug trafficking of course does not depend on the sale of pipes, nor does the use of drugs. Yet a significant amount of public funding and manpower went into this national effort under the guise of fighting the ‘drug war.’

The effect on the artisans’ business is a concern.

“Good or bad, it could go either way. There is always going to be a demand. This crackdown is not going to make the demand go down, it is only going to make the prices go up,” as indicated by Payne.
One craftsman pointed out the plus side for many, “I love it, all the local stores are only going to buy from local blowers from now on.”
Others aren’t so lucky.

To get through the ordeal artists are working to help each other out as much as possible. Moltenglass.com is trying to rebuild “the store to accommodate the sale of non-pipe artwork” to help alleviate the financial strain that may be created by the drop in sales.

Where the FBI will strike next is the most pressing concern. As a convention for glass blowers in Las Vegas draws near one artist asked “Is the FBI going to show up next week at the show in Vegas and haul everyone off in the paddy wagon or what?”


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