NCJ Number
109977
Date Published
1988
Length
139 pages
Annotation
This analysis provides an overview of State and local experience with legislation designed to deal with drug paraphernalia and assesses policy options that have been proposed to aid the enforcement of antiparaphernalia laws.
Abstract
Data came from a literature review, a review of recent legislation and case law, a national survey of 200 criminal justice professionals, interviews with representatives of parent and citizen groups, and discussions with a representative of a national smoking and snuff accessories retailers organization. Until 1977, the sale of drug paraphernalia was virtually unregulated by State laws or local ordinances. In recent years, a majority of States have enacted laws based on the Model Drug Paraphernalia Act drafted by the Drug Enforcement Administration. The applied constitutionality of the Model Act has not yet been adequately tested, although State-level cases suggest that Model Act legislation may be more resistant to applied challenges than are other State antiparaphernalia laws. The shortage of prosecutorial and investigative resources is currently the main factor contributing to the nonenforcement of antiparaphernalia laws. Currently, drug paraphernalia is manufactured, advertised, and sold mainly in the guise of legal objects, such as tobacco and snuff accessories, incense, kitchen implements, and horticultural aids. Changes needed are improved information to aid prosecutors and law enforcement officers, enactment by all States of Model Act legislation, adequate funding for aggressive enforcement of the laws, and use of a task force approach to the investigation and prosecution of Federal drug paraphernalia violations.