Bing, Bang, Boom goes your Bong

No, not really. By now, you have likely heard the news about the Governor signing a bill banning your bong. A lot is being said about the bill, but much of it is hyperbole or just plain wrong. Read more about the bill and its impact on you...

The bill was introduced by Rep. Darryl Rouson of St. Pete, a mouth piece for the Partnership for a Drug-Free America. Representative Rouson believes paraphernalia of all types to be “utensils of death.” As a proud recovering addict, we can expect more of the same as long as he holds office. 

The House bill, HB 49 took a long time to get a sponsor in the Senate (SB1140) but once filed, the bill took wings. Throughout the process, only the Florida Cannabis Action Network and our partner, Bob Platshorn of the Silver Tour spoke against the bill. Lots of folks were talking about the bill though. On April 13, 2013 even Steve Colbert got in on the conversation about banning bongs in Florida.

With only a handful of Senators and Representatives voting against the bill, it passed with different versions in the House and Senate. Last minute conferencing between the Chambers gave us the bill signed into law by Governor Scott on June 5. 

Here is what the final analysis by the state says, “Section 893.147, F.S establishes the following five paraphernalia crimes: Use or possession of Paraphernalia; manufacture or delivery of drug paraphernalia; delivery of drug paraphernalia to a minor; transportation of drug paraphernalia; and advertisement of drug paraphernalia.

The bill amends s. 893.147, F.S., to make it a first degree misdemeanor for a person to knowingly and willfully sell or offer for sale at retail any of the drug paraphernalia listed in s. 893.145(12)(a)-(c) and (g)-(m), F.S., and  a second or subsequent violation a third degree felony. The drug paraphernalia included are: Metal, wooden, acrylic, glass, stone, plastic, or ceramic smoking pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls; water pipes; carburetion tubes and devices; chamber pipes; carburetor pipes ;electric pipes; air-driven pipes; chillums; bongs; ice pipes or chillers. The bill provides an exception for pipes that are primarily made of briar, meerschaum, clay, or corn cob.”

You can read the final analysis of the bill yourself here. 

So, no, the government of Florida is not coming to take your bong away. If you are possessing a bong (or any other form of smoking device – yes, an apple could be paraphernalia) for any purpose other than smoking tobacco, that bong or pipe was already illegal. 

If the analysis you read says this bill passed, but nothing much changes, that is likely right. Smoke shops won’t likely be closing their doors, selling pipes at a drastic discount or even changing their inventory. After all, smoke shops only sell to customers who use their wares for lawful purposes!

In all the years the Florida Cannabis Action Network has fought for the rights of cannabis consumers, the health and well-being of patients and the protection of our right to speak and assemble, only a handful of Florida smoke shops have ever given a donation, publicly or anonymously to reforming cannabis laws.

Smoke shop owners sit back and reap the rewards while over 38,000 Florida adult cannabis consumers over the age of 21 are arrested each year for possession of under 20 grams of cannabis.

Lawmakers have managed to gag smoke shop owners at the peril of patients. Our friend, we’ll call him P to preserve his identity, spent a long time trying to find a safe supply of cannabis for his wife with MS. She (we’ll call her K) was diagnosed years earlier but had found herself wheel-chair bound for three-years. While P was able to access medical grade cannabis, finding the right delivery method for K was a nightmare.

P had to learn to roll cannabis for his wife, but the smoke was hard on her throat and the heat from the burning cigarette was uncomfortable. It seemed like a good idea to visit the local smoke shop for a better delivery device. How was P to know that you can’t even use the word cannabis in a smoke shop? He is a 60-plus year old republican looking for comfort for his sick wife and he is turned away by people who know the best products to assist P in finding a device that helps K. This family is willing to risk breaking the law to bring relief from muscle spasms, depression, and pain to K. 

At Florida Cannabis Action Network, we want you to be aware of the facts about cannabis, the harms of prohibition and have a front row seat for the creation of sensible cannabis policies in Florida that allow safe, legal access to cannabis. If you can help by sending this message to a friend so they know the truth about the bong bill that would be great. 

Here are a few other things you can do to get involved.

•     Send a letter to the editor about the bong bill, the need for medical cannabis or another cannabis related topic. Here are important things for you to know about getting published from an expert! You can follow the letters that are getting published on the front page of our website. www.FLCAN.org
  
•     Schedule a meeting with your local representative’s office. Over 70 % of Floridians support legal access to cannabis for patients. Whether you are talking to your city official, county commissioner or state Representative, seven out of ten people will agree with you on some level. Here are several hand outs you can print at home and take with you to the meeting.
  
  
•   Tell a friend- Florida CAN makes it easy for you to tell your friends about our hard work. Your friends – like-minded supporters of liberty, compassionate liberals and fiscal conservatives alike all have a vested interest in the success of the Florida CAN.

Why the Drug War Puts Drug Dealers in our Middle Schools

Survey after survey, from schools across the country are telling us the same story, echoing what our own children are telling us; it’s easier to get some illegal drugs than alcohol or cigarettes. Often students will assert that they can get marijuana within 15 minutes to an hour. How did we get to this point? It’s not from a lack of effort, or funding. We were willing to fund what ever the never ending drug war seemed to require (asked for). 

Well  folks, the fact is that when a society prohibits the use or possession of something that is in demand, the distribution system changes and costs go up. Way up! The reality is, when you prohibit something you’re saying, “No one can have this. No one can sell it or produce it etc., without the threat of criminal penalties.” You’re giving up any real control.

Under prohibition, demand won’t disappear and users will have to pay more to continue buying and using. Eventually they’ll pay a lot more. They’ll have to, because the manufacturing is risky, the distribution is risky, and sales are risky. Everyone in the loop is now a criminal and subject to serious penalties. Everyone in the chain must make enough of money to balance their risks of being arrested and jailed, or robbed and beaten, or worse. The prices go way up. With high profits at stake criminal organizations stand to make a lot of money providing parts or all of these services. Their profits probably won’t be used to build new schools in your neighborhood or fund neighborhood healthcare. Legal sales of regulated and taxed substances could fund these types of things.

 When the criminal justice system (which is now at a much higher risk of corruption from these impressive profits made by people willing to work outside the law) manages to incarcerate these new entrepreneurs, they’re replaced the next day with others who see the opportunity worth taking the risk. Meanwhile we pay for the jail time, and court time, and support for his or her family now that they’ve lost a bread winner. It doesn’t seem like any of this prohibition has helped us out in the least! A thoughtful person can easily make a good case that this series of ill-advised laws passed over the years have done little except exacerbate the situation. More drugs being used, more arrests, more spent on prisons enforcement, eradication, gang problems, corruption, etc. have been the result.

These “entrepreneurs” (drug dealers) can be quite clever when it comes to protecting themselves from the law. It’s common for a mid level dealer (that means there is a lot of them) to work with local kids under 18 to “help” with his sales/distribution business. Since the advent of the zero tolerance laws passed in school settings, these students risk much more than they realize. Who do you think these local kids will contact to expand their sales? Their friends, your kid’s school chums.

So what do we do?

·         Educate, educate, educate. Real information, honest discussions. Join a group like FLCAN and educate yourself, your friends and family.

·          Change our laws to regulate these banned substances. Then we gain control. Control over quality, strength, storage, distribution (we card folks for beer, right?) and more.

·          Reconsider our drug testing policies in schools. The results of the testing have prompted the use of “harder” drugs that pass through the body more quickly than cannabis. Drug testing may keep “at risk” kids out of band, or football or any other extracurricular, the exact activities that help kids stay away from drugs. Let’s see if what we’re doing is working or not. 

L   Learn from history. We’ve been here before with alcohol prohibition. We saw the results of prohibition as we looked back at alcohol laws' consequences in our history. Prohibition bred the gangs, the drive by shootings, the turf wars, the corruption of government and police, the increasing production of whiskey instead of beer and much more.

 This doesn’t look like a drug war. It looks like a gift to those who are willing take a little risk to make a lot of money and not pay taxes on it. It looks like a gift to private prisons. It looks like a way to control people of color who are arrested far more than white people who actually use more drugs per capita. It works to disenfranchise certain aspects of society when they lose their voting rights.

Now we’re seeing the unintended consequences of our generation’s prohibition, “The War on Drugs”.  What is sad, is we never saw the results we were trying to achieve.

·         It’s up to us to say, “Enough, this isn’t working, it’s costing us a fortune, it’s risking our kids and our future!” What else needs to be said?