Merchandise Raises Questions
Gas Station Near High School Sells Bongs, Glass Pipes
Frederick Melo - 04/27/2005

Need a bong? From small ones to colorful glass pipes bearing psychedelic designs, the Hastings Shell Mart keeps a trove of "tobacco accessories" under the register counter.

It's an unusual cache for a gas station — and a troubling one for Hastings police, who say that the items, while not illegal, could double as drug paraphernalia. A bong is a vertical water pipe commonly used for smoking narcotics.

"Legally, you can sell them," said Hastings Police Chief Michael McMenomy. "They're not considered drug paraphernalia unless they've been used to smoke drugs and have residue in them. … (But) if 10 people saw them, what would they say they were used for?"

In an added wrinkle, the store near Minnesota 55 and Pleasant Drive also sells what cashiers have described as "incense burners." Similar to test tubes in appearance, the transparent glass cylinders end in a bowl-like base bearing a small eyehole. The items, which bear strong resemblance to the glass pipes used to smoke illicit drugs, were stored out of view on Monday in a cup below the cash register.

The gas station's display had prompted complaints from parents of students at nearby Hastings High School and inquiries from teachers. (The bongs were removed from view this week.) With police encouragement, the city attorney is researching a possible ordinance that would ban the sale of bongs, metal smoking pipes and other smoking items associated with drug culture.

McMenomy said he met with a store manager last November and asked him to stop selling the products, but store officials refused. During a recent forum at Hastings High School on the dangers of methamphetamine, several parents expressed frustration that the store is allowed to carry the items.

"We've gotten several phone calls, too, our department and our DARE (drug prevention) office," McMenomy said.

Despite public pressure, station owner Sami Samaan has balked at the idea of discontinuing the accessories, arguing that he is marketing them as tobacco instruments.

"It was made to use for tobacco," said Samaan, adding that he is not legally responsible for what his customers do with them. "I'm not going to follow them home and see what they use them for. It's not my problem."

Samaan, who said he took over management of the Shell station last July, said he bought his tobacco accessories from a cigar store that closed shop a few months ago.

"There were two tobacco stores in Hastings that were doing that before I got there," Samaan said. "In St. Paul, there is a store that only sells this stuff, and they make a living out of that."

McMenomy, however, said the Shell Mart is the only store in Hastings that is still selling such items. The Tobacco Warehouse used to sell bongs and glass pipes but stopped several months ago after police contacted the store.

State law prohibits the "manufacture or delivery of drug paraphernalia" and categorizes its sale, use or possession as a petty misdemeanor. But in order to make the charges stick, authorities say they must detect at least trace amounts of drug residue in the instrument.

"It is a little problematic," said Dakota County Attorney James Backstrom. "You have to knowingly and intentionally primarily use the item for manufacturing or taking illegal drugs. It's difficult to prove that in retail outlets."

But state law also allows cities and towns to enact their own stiff rules about drug instruments. In Rosemount, a law passed in 1980 bans the sale of bongs, air-driven pipes, "roach" clips used to hold marijuana butts, and other items.

Rosemount Police Chief Gary Kalstabakken said his officers have rarely had to remind businesses about the rule, with the exception of a dollar store that has since closed down and a community carnival that was giving away "unusual" prizes several years ago.

Critics point out that a city ordinance could lead to unnecessary enforcement against legitimate items such as the hookah — a water pipe that burns flavored tobacco — which is popular in the Middle East, Asia and parts of Africa.

"You need to be specific about what you're forbidding," said Charles Samuelson, executive director of the American Civil Liberties Union of Minnesota. "What happens is you end up with a lot of officer discretion, and that's always something that needs to be carefully watched. It's not unheard of for cops to be overzealous in certain areas."