appropriate. If the price threshold is set too low, however, the exception may be too broad for the local jurisdiction to accomplish its policy goals. No Drug Paraphernalia Sales This Plug-in helps local agencies enforce state laws regulating the sale of drug paraphernalia. Stores that sell drug paraphernalia commonly sell cigarettes or other tobacco products. These retailers often claim that their drug paraphernalia, such as bongs or pipes used to smoke methamphetamine or other illicit drugs, is in fact tobacco paraphernalia. California law regulates the sale of drug paraphernalia and preempts local ordinances on the subject. However, a provision can be incorporated into a local tobacco retailer licensing ordinance to make violations of state laws regarding drug paraphernalia or controlled substances a violation of a tobacco retailer license as well. Under this approach, if a retailer is found to have violated state laws regarding drug paraphernalia or controlled substances, that retailer will also be in violation of the local tobacco retailer license, and the penalties of the licensing ordinance will apply. For additional information on this topic, see ChangeLab Solutions’ fact sheet, Pipe Down! available at How to Address Drug Paraphernalia in Your Community, www.changelabsolutions.org/publications/drug-paraphernalia. Amendments to ChangeLab Solutions’ Model Licensing Ordinance SECTION I. FINDINGS, In add the following findings to the Model Ordinance prior to the clause beginning with THEREFORE”: “NOW WHEREAS, state law prohibits sales of paraphernalia”; and “drug WHEREAS, many retailers nevertheless sell that are commonly known to be “drug paraphernalia,” including bongs and pipes used to smoke methamphetamine and other illicit drugs, claiming that such items are intended for tobacco use; and WHEREAS, several California cities require compliance with state drug paraphernalia laws as a condition of obtaining and maintaining a local tobacco retailer license; and SECTION II, Sec. [ ____ (*1) ]. DEFINITIONS, In add the following definition in alphabetical order:
appropriate. If the price threshold is set too low, however, the exception may be too broad for the local jurisdiction to accomplish its policy goals. No Drug Paraphernalia Sales This Plug-in helps local agencies enforce state laws regulating the sale of drug paraphernalia. Stores that sell drug paraphernalia commonly sell cigarettes or other tobacco products. These retailers often claim that their drug paraphernalia, such as bongs or pipes used to smoke methamphetamine or other illicit drugs, is in fact tobacco paraphernalia. California law regulates the sale of drug paraphernalia and preempts local ordinances on the subject. However, a provision can be incorporated into a local tobacco retailer licensing ordinance to make violations of state laws regarding drug paraphernalia or controlled substances a violation of a tobacco retailer license as well. Under this approach, if a retailer is found to have violated state laws regarding drug paraphernalia or controlled substances, that retailer will also be in violation of the local tobacco retailer license, and the penalties of the licensing ordinance will apply. For additional information on this topic, see ChangeLab Solutions’ fact sheet, Pipe Down! How to Address Drug Paraphernalia in Your Community, available at www.changelabsolutions.org/publications/drug-paraphernalia. Amendments to ChangeLab Solutions’ Model Licensing Ordinance In SECTION I. FINDINGS, add the following findings to the Model Ordinance prior to the clause beginning with “NOW THEREFORE”: WHEREAS, state law prohibits sales of “drug paraphernalia”; and WHEREAS, many retailers nevertheless sell that are commonly known to be “drug paraphernalia,” including bongs and pipes used to smoke methamphetamine and other illicit drugs, claiming that such items are intended for tobacco use; and WHEREAS, several California cities require compliance with state drug paraphernalia laws as a condition of obtaining and maintaining a local tobacco retailer license; and In SECTION II, Sec. [ ____ (*1) ]. DEFINITIONS, add the following definition in alphabetical order:
TRL_CombinedPlug-Ins_FINAL_20141120_%28minimum-packaging-update%29.docx