Allston Head Shops/Art Galleries Illegally/Un-Constitutionally Shut Down By Police

BOSTON GLOBE [JULY 5]
The police raid on his Green Side Up Gallery was one of three since April in Allston, where police have been cracking down on so-called head shops, stores that sell pipes and rolling papers that can be used to smoke marijuana.

The busts were well planned. Officers took photographs of the shops before making their arrests, and interviewed North End tobacconists to bolster their argument that the Allston shops were selling drug paraphernalia.

“We’re not looking to put anyone out of business [who is] running a legitimate business,’’ said Captain James Hussey, who runs the Brighton district. “These places were set up, it appears, just to sell drug paraphernalia.’’

Lawyers for those arrested say the shops were licensed by the city and state to sell the products, and police had no basis for shutting down the shops. But Hussey said two of the shops — neither of which belonged to Yaffe — did not have proper licenses displayed.
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Talk about liberty infringement! Cops love making assumptions about illegal activity without any regard to…wait for it…illegal activity. How about that? It’s like when an old geezer cop questioned my friend for using a hookah in a park. The officer made three assumptions that were pretty disturbing: (1) that the smoking device was a ‘bong’ (2) that my friend was smoking marijuana and (3) that hookahs or, in the officer’s slang ‘bongs’, are illegal to sell and to possess. As a commenter on the article wrote: “Welcome to the new police state people, they will be coming for you next!”

FREE MATTHEW YAFFE!

3 thoughts on “Allston Head Shops/Art Galleries Illegally/Un-Constitutionally Shut Down By Police”

  1. Boston stores were raided and shut down during Operation Headhunter in 2004. The State made the sale of glass pipes illegal shortly thereafter in line with federal laws(they have actually copied the feds). The D.E.A.’s policy guidelines include whether or not community leaders or elected officials complain about the presence of head shops in their area. Robert Vaughn is the leading legal authority on this issue and has publicly stated that it is now impossible to defend yourself from the current laws. Traditionally if the State loses a case they always send it to the DEA who then arrests, prosecutes and holds a 100% conviction rate on drug paraphernalia cases. See Montana store raided just last year where he won the case and is now in federal prison. Head shops nationwide are going to lose 20% of their revenues due to the ongoing “drug test kit” investigations called Operation True Test. Drug testing and masking kits account for one fifth of sales and are a major money maker for stores. Every store selling them is on their way out. U.S. Customs has another active case pending in Florida and a second one in L.A. that are targeting manufacturers of glass pipes nationwide, this is a dangerous business to be in.

  2. Apparently, the corporate chain Amazing.net noted for selling “adult” items is also now publicizing their smoking products, which include glass pipes. Tobacco is a drug. Even though such water pipes are strictly advertised as TOBACCO USE only, stores aren’t fortune tellers and can’t dictate how DRUG PARAPHERNALIA is used after purchase. It seems like chains like Amazing.net get special priviledge since paraphernalia sales do not account for the majority of sales. Nevertheless, these little glass pipe galleries, who do rely on the sale of such items, shouldn’t be targeted and in danger. That’s profiling and, to me, a form of corporate welfare.

  3. Yeah, if weed was legal there would be no issue here. There shouldn’t be to begin with.

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