Are shops selling drug paraphernalia (smoke pipes, bongs, etc.) legal in Hawaii? I seem to recall that those type of shops were outlawed more than five years ago. On Nahua Street where I live, a new shop recently opened. Blatantly, it is called "The Headshop." Drug paraphernalia law
has enforcement limitsThe owner of the Waikiki shop you cited denies selling anything illegal, pointing to a posted sign that says: "All smoking products are intended for legal uses only. Anyone implying otherwise will be refused service and asked to leave the shop."
The owner described his store as "sixties," with customers mostly "the ones who grew up" in the 1960s.
"I run a legitimate shop," he said. In addition to items that look like bongs (water pipes), he sells T-shirts, cigarettes, lava lamps, etc.
The state Legislature did pass a law in 1989 outlawing the sale of drug paraphernalia.
In cases where the prosecutor's office has charged a person for possession of paraphernalia, there has to be "some indication that they intend to use it for illegal purposes," said Deputy Prosecutor Tom Koenig. That means there has to be drugs that could be used by a pipe in question or, better yet, some drug residue in the pipe.
"But as far as the shop owners are concerned, they don't sell drugs and they don't sell pipes with residue in them, so as far as we're concerned, it's very difficult to show that shop owners are in possession of drug paraphernalia," Koenig said.
The law against selling drug paraphernalia also says you have to sell something knowing that it is going to be used illegally.
Some people believe the law provides a loophole for shop owners. Koenig acknowledged that criticism. But when the law was being considered, there was some concern "that items that have a legitimate use would no longer be available." So the law was written to say that "the item has to be in a person's possession and that person has to have that intent to use it as drug paraphernalia," he said.
The problem is that someone can buy "an incense burner" because the shop owner says he intended it for legal purposes, then use it for an illegal purpose and "the shop owner has no duty - and I don't think we could impose a duty - to make sure the customers don't use it for illegal purposes," Koenig said.
I am trying to locate someone named Dawn, who befriended Lily from Taiwan at Hanauma Bay earlier this year. I have a letter and pictures for her. Call 988-4913. Seeking Dawn
To solicitors calling all hours of the day and night, just about every day. I screen my calls now, but at 7:10 one morning, I got a "wake up call" from a guy from some diabetes group. Have some consideration! Auwe
To staff at the Waikiki Shell and a caring concert-goer. On Aug. 1, during intermission at the Natalie Cole concert, I rushed off to the ladies room. My heels caught on a rise in the pavement and I went down face forward, skinning my knees under my long pants and tearing my hands on the gravel. Shell personnel helped me to my feet. I tried to staunch the blood with paper towels. A wonderful woman produced Band-Aids and Bacitracin from her purse and made sure I was properly bandaged. In all the excitement, I unfortunately forgot her name. - Grateful senior citizen Mahalo
To the "downtown observer" who complained about bus drivers tooting their horns at people crossing Hotel Street. Look at the people who are crossing against the light, jay-walking or just jumping into the street without looking. It is, after all, a street, not a mall. -- Another observer Auwe
