Philadelphia blunt ban
Encyclopedia
Philadelphia Bill No. 060345, colloquially known as the Philadelphia blunt ban, was an ordinance in Philadelphia, Pennsylvania
which banned the retail sale of any item "where the seller knows, or under the circumstances reasonably should know" that it would be used to "convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act". It was an amendment to Chapter 9-600, the "Service Businesses" section, of the Philadelphia Code. It was since overturned by a Philadelphia judge at the appeal of several big tobacco companies, citing the bill as unconstitutional.
In 2008, the Commonwealth Court held that the ban was partially preempted by the Controlled Substance, Drug, Device and Cosmetic Act, 35 Pa. Stat. Ann. §§ 780-101-780-144. On January 19, 2011, in Holt's Cigar Co. v. Solvibile, the Pennsylvania Supreme Court reversed the Commonwealth Court's decision in part, holding that the entirety of the ban was preempted by the Controlled Substance Act.
s to cease selling blunt
s, flavored cigars, cigarette paper
s, and other items used for smoking tobacco
that can also be used as drug paraphernalia
for smoking drugs such as marijuana
. Rocks targeted his campaign particularly at Sunoco
and Wawa Food Markets
.
Councilman Brian J. O'Neill
sponsored the bill, introducing it into the Philadelphia City Council
in May 2006. After a public hearing at the Council in October 2006, at which Rocks testified, the 17 Council members voted unanimously on May 12 to pass the bill. On January 23, 2007, the bill was signed into law by Philadelphia Mayor John F. Street
, with immediate effect.
Most stores are subject to the ordinance, although the following classes of business are exempt: hotels, restaurants with at least 25 seats, and specialty cigar shops. The penalty for a business violating the ordinance is a fine of between USD
300 and USD1,500 per offense, and the possibility of the business's privilege license being revoked. The maximum fine rose to USD1,900 in 2008, and again to USD2,000 in 2009.
Councilman O'Neill has reported that some businesses intend to file a lawsuit, contesting the law. However, several companies have publicly announced that they will comply with the ordinance and have no plans to sue. Wawa had already imposed a voluntary ban on the sale of cigarette papers. When the bill passed the City Council vote, it pulled blunts from its stores. Both Wawa and Sunoco have stated that they are not suing the city. 7-Eleven
has also stated that it will comply with the ordinance, and stated that it was unaware of any legal action being taken by stores against the city.
s in the city, one of which has been operating in the city for more than 30 years. The shop, Artifax, at 2446 Cottman Avenue in the Northeast of the city, has a permit from the city granted in 1982, which was obtained as part of the resolution of a lawsuit filed in federal court by several "head" shops, that permits it to sell items that the new ordinance specifically bans. The permit specifically names "drug paraphernalia" as a category of permitted merchandise. Councilman O'Neill's opinion is that the new ordinance supersedes that permit.
It is widely agreed by both the ordinance's proponents and commentators that the ordinance bans the sale of "loosies", which are loose cigars that had been available at most inner-city convenience stores and take-away Chinese restaurant
s, as well as any cigarette, cigar, tiparillo, cigarillo, or other tobacco products, whether singly or in packages of fewer than three. Prior to passage of the bill, the Philadelphia Metro had reported that sales of "loosies" and cigars in packages of fewer than six would be banned.
However, what else the ordinance may ban is the subject of controversy. Rocks has stated that "It's not just a blunt bill. People try to weaken it by saying it just bans flavored cigars, but it's more than that—it's an anti-drug bill." Commentators such as Buley point out that "almost anything could be reasonably used as drug paraphernalia", including "sandwich bags, soda cans, apples, and aluminum foil—along with litany of other household items", all of which are potentially prohibited by the ordinance. Derek Rosenzweig, co-chair of the Philadelphia chapter of the National Organization for the Reform of Marijuana Laws (NORML) has pointed out that the definition in the text of the law applies to almost anything, characterizing the law as "misguided" and the continuance of "a failed policy". Rocks, however, opines that there is a "reasonable difference" that can be found between things such as apples and drug paraphernalia. The president of Drexel NORML, the marijuana advocacy group at Drexel University
, states that "Officer Rocks is underestimating how resourceful pot-smokers can be. One could easily fashion a pipe out of an apple or potato, and with little effort, a two-liter bottle can be transformed into a bong. The list goes on and on.", predicting that the law will have little effect on the smoking of marijuana, and will largely affect the smoking of tobacco.
Philadelphia, Pennsylvania
Philadelphia is the largest city in the Commonwealth of Pennsylvania and the county seat of Philadelphia County, with which it is coterminous. The city is located in the Northeastern United States along the Delaware and Schuylkill rivers. It is the fifth-most-populous city in the United States,...
which banned the retail sale of any item "where the seller knows, or under the circumstances reasonably should know" that it would be used to "convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act". It was an amendment to Chapter 9-600, the "Service Businesses" section, of the Philadelphia Code. It was since overturned by a Philadelphia judge at the appeal of several big tobacco companies, citing the bill as unconstitutional.
In 2008, the Commonwealth Court held that the ban was partially preempted by the Controlled Substance, Drug, Device and Cosmetic Act, 35 Pa. Stat. Ann. §§ 780-101-780-144. On January 19, 2011, in Holt's Cigar Co. v. Solvibile, the Pennsylvania Supreme Court reversed the Commonwealth Court's decision in part, holding that the entirety of the ban was preempted by the Controlled Substance Act.
Passage
The ban is the result of a campaign by Philadelphia police officer and community activist Jerry Rocks, Sr. Rocks's campaign, begun in October 2005, called for convenience storeConvenience store
A convenience store, corner store, corner shop, commonly called a bodega in Spanish-speaking areas of the United States, is a small store or shop in a built up area that stocks a range of everyday items such as groceries, toiletries, alcoholic and soft drinks, and may also offer money order and...
s to cease selling blunt
Blunt (cigar)
A blunt is a cigar which is wider than a cigarillo and not quite as wide as a Corona. These cigars typically consist of two main parts; the inner leaf, which is similar to a cigarette rolling paper, except it is made of tobacco, and a thicker outer leaf which is rolled around the inner leaf in a...
s, flavored cigars, cigarette paper
Rolling papers
Rolling papers are small sheets, rolls, or leaves of paper which are sold for rolling one's own cigarettes either by hand or with a rolling machine...
s, and other items used for smoking tobacco
Tobacco
Tobacco is an agricultural product processed from the leaves of plants in the genus Nicotiana. It can be consumed, used as a pesticide and, in the form of nicotine tartrate, used in some medicines...
that can also be used as drug paraphernalia
Drug paraphernalia
Drug paraphernalia is a term used, often with a slightly negative connotation due to its use in criminal law field e.g. "possession of drug paraphernalia", to denote any equipment, product, or material that is modified for making, using, or concealing drugs, typically for recreational purposes...
for smoking drugs such as marijuana
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
. Rocks targeted his campaign particularly at Sunoco
Sunoco
Sunoco Inc. is an American petroleum and petrochemical manufacturer headquartered in Philadelphia, Pennsylvania, United States, formerly known as Sun Company Inc. and Sun Oil Co. ....
and Wawa Food Markets
Wawa Food Markets
Wawa Inc. is a chain of convenience store/gas stations located in the Mid-Atlantic region of the United States. It operates in Pennsylvania, New Jersey, Delaware, Maryland, Virginia, and Florida. The company's corporate headquarters is located in Chester Heights, Pennsylvania, near the community...
.
Councilman Brian J. O'Neill
Brian J. O'Neill
Brian J. O'Neill is a Republican Councilman representing the Tenth District on the City Council of Philadelphia, Pennsylvania. He has served since 1980....
sponsored the bill, introducing it into the Philadelphia City Council
Philadelphia City Council
The Philadelphia City Council, the legislative body of Philadelphia, Pennsylvania, consists of ten members elected by district and seven members elected at-large. The council president is elected by the members from among their number...
in May 2006. After a public hearing at the Council in October 2006, at which Rocks testified, the 17 Council members voted unanimously on May 12 to pass the bill. On January 23, 2007, the bill was signed into law by Philadelphia Mayor John F. Street
John F. Street
John Franklin Street was the 97th Mayor of the City of Philadelphia. He was first elected to a term beginning on January 3, 2000, and was re-elected to a second term beginning in 2004...
, with immediate effect.
Applicability
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
300 and USD1,500 per offense, and the possibility of the business's privilege license being revoked. The maximum fine rose to USD1,900 in 2008, and again to USD2,000 in 2009.
Councilman O'Neill has reported that some businesses intend to file a lawsuit, contesting the law. However, several companies have publicly announced that they will comply with the ordinance and have no plans to sue. Wawa had already imposed a voluntary ban on the sale of cigarette papers. When the bill passed the City Council vote, it pulled blunts from its stores. Both Wawa and Sunoco have stated that they are not suing the city. 7-Eleven
7-Eleven
7-Eleven is part of an international chain of convenience stores, operating under Seven-Eleven Japan Co. Ltd, which in turn is owned by Seven & I Holdings Co...
has also stated that it will comply with the ordinance, and stated that it was unaware of any legal action being taken by stores against the city.
Extent
One area where the law is unclear is whether it encompasses the two "head" shopHead shop
A head shop is a retail outlet specializing in drug paraphernalia used for consumption of cannabis, other recreational drugs, legal highs, legal party powders and New Age herbs, as well as counterculture art, magazines, music, clothing, and home decor; some head shops also sell oddities, such as...
s in the city, one of which has been operating in the city for more than 30 years. The shop, Artifax, at 2446 Cottman Avenue in the Northeast of the city, has a permit from the city granted in 1982, which was obtained as part of the resolution of a lawsuit filed in federal court by several "head" shops, that permits it to sell items that the new ordinance specifically bans. The permit specifically names "drug paraphernalia" as a category of permitted merchandise. Councilman O'Neill's opinion is that the new ordinance supersedes that permit.
It is widely agreed by both the ordinance's proponents and commentators that the ordinance bans the sale of "loosies", which are loose cigars that had been available at most inner-city convenience stores and take-away Chinese restaurant
American Chinese cuisine
American Chinese cuisine refers to the style of food served by many Chinese restaurants in the United States. This type of cooking typically caters to Western tastes, and differs significantly from the original Chinese cuisine.-History:...
s, as well as any cigarette, cigar, tiparillo, cigarillo, or other tobacco products, whether singly or in packages of fewer than three. Prior to passage of the bill, the Philadelphia Metro had reported that sales of "loosies" and cigars in packages of fewer than six would be banned.
However, what else the ordinance may ban is the subject of controversy. Rocks has stated that "It's not just a blunt bill. People try to weaken it by saying it just bans flavored cigars, but it's more than that—it's an anti-drug bill." Commentators such as Buley point out that "almost anything could be reasonably used as drug paraphernalia", including "sandwich bags, soda cans, apples, and aluminum foil—along with litany of other household items", all of which are potentially prohibited by the ordinance. Derek Rosenzweig, co-chair of the Philadelphia chapter of the National Organization for the Reform of Marijuana Laws (NORML) has pointed out that the definition in the text of the law applies to almost anything, characterizing the law as "misguided" and the continuance of "a failed policy". Rocks, however, opines that there is a "reasonable difference" that can be found between things such as apples and drug paraphernalia. The president of Drexel NORML, the marijuana advocacy group at Drexel University
Drexel University
Drexel University is a private research university with the main campus located in Philadelphia, Pennsylvania, USA. It was founded in 1891 by Anthony J. Drexel, a noted financier and philanthropist. Drexel offers 70 full-time undergraduate programs and accelerated degrees...
, states that "Officer Rocks is underestimating how resourceful pot-smokers can be. One could easily fashion a pipe out of an apple or potato, and with little effort, a two-liter bottle can be transformed into a bong. The list goes on and on.", predicting that the law will have little effect on the smoking of marijuana, and will largely affect the smoking of tobacco.