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Hookahs: Are They Drug Paraphernalia

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  • 03-24-2009, 10:24 AM
    lucassidy
    Hookahs: Are They Drug Paraphernalia
    My question involves criminal law for the state of: Michigan
    Are hookahs considered drug parapherinal in Michigan? My stepson and I both smoke the hookah but only with legal tobacco. I'm worried because he purchased a traveling hookah that you can smoke in the car. If a police officer sees him doing this in his car, can he get a ticket for being in possession of drug parapherinal? Or anything more serious?
    Having the hookah in my house with my two minor children, can I get in trouble with the police? Should I get rid of it?
    One more question? If Tobacco stores can sell it, why is it consider illegal? What about Hookah Bars, they are allowed in Michigan?
    Just curious, looking forward to your input.
  • 03-25-2009, 06:21 AM
    Mr. Knowitall
    Re: Hookahs: Are They Drug Paraphernalia
    Under federal law, hookahs, water pipes and bongs are drug paraphernalia unless they're a type traditionally used to ingest tobacco. That's pretty subjective. You're likely to encounter federal officers on federal land and buildings, border crossings, etc.

    Michigan doesn't prohibit simple possession of drug paraphernalia, but does prohibit its sale. But if the police finds drug paraphernalia in a car, they may well seize it and test it for trace amounts of drugs - any trace amounts translate into a drug possession charge. And if they see somebody using a water pipe while driving, there's a risk they'll stop the driver to investigate for OUID (operating under the influence of drugs) and the driver may end up having to take a blood or urine test to see if there are any controlled substances in their system.
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