Hamburg drug paraphernalia rules could carry constitutional baggage
A new Hamburg Township ordinance allowing police to confiscate and dispose of drug-related devices could violate residents’ constitutional protections, a local attorney said.
The township Board of Trustees approved the ordinance this month.
It prohibits the possession or delivery of a list of 18 items considered to be used in using, growing, manufacturing, processing, storing, testing or concealing drugs.
The ordinance carries civil infraction penalties ranging from $50 for a first offense to $400 for a fourth offense for possessing or delivering the devices — such as marijuana bongs and pipes, cocaine vials and hypodermic syringes — “primarily adapted or designed for the administration or use of any controlled substance.”
The ordinance, which takes effect Sept. 23, is an attempt to reduce the flow and use of drugs in the community, township officials said.
Heroin overdoses and related deaths have been prevalent in the Pinckney area for the past several years.
The ordinance gives officers the ability to seize and dispose of drug paraphernalia without a civil proceeding.
continued http://www.livingstondaily.com/stor...g-rules-raise-constitutional-issues/14712329/
A new Hamburg Township ordinance allowing police to confiscate and dispose of drug-related devices could violate residents’ constitutional protections, a local attorney said.
The township Board of Trustees approved the ordinance this month.
It prohibits the possession or delivery of a list of 18 items considered to be used in using, growing, manufacturing, processing, storing, testing or concealing drugs.
The ordinance carries civil infraction penalties ranging from $50 for a first offense to $400 for a fourth offense for possessing or delivering the devices — such as marijuana bongs and pipes, cocaine vials and hypodermic syringes — “primarily adapted or designed for the administration or use of any controlled substance.”
The ordinance, which takes effect Sept. 23, is an attempt to reduce the flow and use of drugs in the community, township officials said.
Heroin overdoses and related deaths have been prevalent in the Pinckney area for the past several years.
The ordinance gives officers the ability to seize and dispose of drug paraphernalia without a civil proceeding.
continued http://www.livingstondaily.com/stor...g-rules-raise-constitutional-issues/14712329/
