UK: prosecution of shop for paraphernalia

[Alfa]

<H1>A prosecution of shop owners for selling pipes, bongs etc. </H1>


27 September, 2005 by Celia Strange


We are acting for shop owners in Derby who were first prosecuted for selling magic mushrooms, but the charges were later withdrawn, leaving a charge contrary to Section 9A(1) Misuse of Drugs Act 1971.


The charge in full is as follows

"Between 03 May 2004 and 14 October 2004 offered to supply to persons unknown articles namely bongs, snuff bullets, cocaine cutting kits, scales, graters, stash cans and other associated accessories which might be used or adapted to be used in the administration by any person of a controlled drug to himself or another, believing that the said article was to be used in circumstances where the administration would be unlawful."

This is a shop, like hundreds of others in the UK, which sells these type of articles. It is unusual for a prosecution to be brought, as the Crown have to prove the belief by the accused that the item was to be used in relation to unlawful drugs.This is notoriously difficult. In this case there was an undercover police operation, aimed also at the magic mushroom sales, which recorded an employee selling a bong and later gauze to an undercover officer.


Taken from www.mjreedsolicitors.co.uk