Court strikes down ban on party stores selling drug paraphernalia

Aug 11, 2017

The Michigan Court of Appeals has struck down a rule that says bars and party stores can’t sell “narcotics paraphernalia.”

A Montcalm County party store got in trouble back in 2013 for selling bongs and glass and metal pipes commonly used to smoke pot. The store owner says the devices are meant to be used to smoke tobacco. The state Liquor Control Commission wasn’t buying that explanation.

A commission rule says bars and restaurants can’t sell –quote- “narcotics paraphernalia.” But the rule doesn’t define what that specifically means. The appeals court says that leaves bars and store owners with little guidance on what they can and cannot sell. The court says that makes it too vague to enforce, and unconstitutional. The state can appeal the decision.