October 2, 2003
Trenton,
NJ — Mercer County Prosecutor Joseph L. Bocchini Jr. announced today that his
office, in conjunction with the Mercer County Chiefs of Police Association, is
making an aggressive push to stop the sale of mini rose stem tubes by local
convenience stores.
Rose
stem tubes are made of either glass or hard plastic.
They are capped at one end and contain a paper or plastic flower.
When used as packaged, these tubes are alleged to be legal products.
However, in Mercer County and many cities across the Untied States, it is
a commonly known fact amongst law enforcement that the mini rose stem tubes are
being modified by drug users to ingest crack cocaine.
“I
believe that many store owners are aware that these products are being purchased
for unlawful purposes,” Bocchini said. “And
based on my own observations, I am also convinced that many of those persons
purchasing the rose stem tubes are using them for illegal purposes.”
Although
these tubes are not new, Bocchini stated that they appear to be making a
comeback in Mercer County.
Under
the New Jersey drug paraphernalia statute, N.J.S. 2C: 36-1, et seq., mini
rose stem tubes are covered by the current definition.
Specifically, the statute describes drug paraphernalia as:
…(k)
objects used or intended for use in ingesting, inhaling, or otherwise
introducing marijuana, cocaine, hashish or hashish oil into the human body, such
as 1)metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or
without screens, permanent screens, hashish heads, or punctured metal bowls.
The
courts are permitted to consider numerous factors in determining whether or not
an object is drug paraphernalia, including the existence and scope of legitimate
uses for the object in the community and expert testimony concerning the
object’s use.
Bocchini
stated that the prevalent use of the tubes as drug paraphernalia can be
established at trial through expert testimony.
“To
suggest that these tubes are being used in a legitimate fashion is ludicrous,”
Bocchini said.
Beginning
on October 15, law enforcement agencies in Mercer County will aggressively
enforce the drug paraphernalia statute by targeting those convenience stores
that openly sell the mini rose stem tubes.
Those store owners who continue to offer the mini rose stem tubes for
sale after October 15 will be subject to being charged with the fourth-degree
offense of distribution of drug paraphernalia.
The rose stem tubes in the store will be confiscated as evidence.
“We intend to get the word out to store owners,” Bocchini said. “It is our hope that once they are made aware of the product’s illegal uses, they will voluntarily remove it from their shelves in an effort to help reduce drug abuse in their communities.”