7th Heaven

[triple 3]

MUSIC STORES PART OF DRUG PARAPHERNALIA PROBE
by Mark Morris, The Kansas City Star, (Source:Kansas City Star)
Regional News

US MO: Music Stores Part of Drug Paraphernalia Probe

US MO: Senate Approves Tax on Illicit Drugs

US MO: Few Drug Cases Made By Search Warrants
22 May 2004

Missouri
-------
Raids this week of two Missouri retail stores and a Leawood home were part of a federal investigation into the sale of drug paraphernalia, court records show.

Search warrants and affidavits opened Friday show that 7th Heaven music stores in Kansas City and Sedalia and their owners, Jan and Anita Fichman of Leawood, are the subjects of an investigation being conducted by the Drug Enforcement Administration, the Internal Revenue Service, and police departments in those cities.

On Wednesday, agents searched the Fichmans' home and 7th Heaven locations at 7621 Troost Ave. in Kansas City and at 1001 S. Limit in Sedalia.

No charges have been filed against the couple.

Speaking for the Fichmans, defense lawyer J.R. Hobbs said he was working to settle the matter.

"7th Heaven is cooperating through its counsel with the U.S. attorney's office," Hobbs said. "The matter involves merchandise and not the sale of drugs. 7th Heaven is hopeful the matter can be resolved without court action."

A spokesman for the U.S. attorney's office declined to comment.

"This is part of an ongoing investigation and no charges have been filed," said Don Ledford, the spokesman. "It would be inappropriate for us to comment."

In their searches, agents seized hundreds of glass pipes, pipe repair parts, paper rollers, business records and computer disks.

In an affidavit, DEA agent Todd Allen Dolato said a police undercover video taken inside the Kansas City store showed pipes sometimes used to smoke marijuana and crack cocaine.

"These items are not traditionally intended for use with tobacco products and have no legitimate use in the community but for the ingestion of a controlled substance," Dolato wrote.

The affidavit described how a Sedalia police officer purchased a pipe disguised as a highlighter marker from the 7th Heaven store in that city.

Records show that investigators have, since February, searched trash from the Kansas City store and the Fichmans' home. Agents have recovered business records, bank statements, pipe marketing materials and legal documents.
Powered by MAPMAP posted-by: Richard Lake
Pubdate: Sat, 22 May 2004
Source: Kansas City Star (MO)






Due to all this bullshit, the 7th Heaven in Lawrence is now fucking closed. If anybody wanted any local music, posters, any fucking thing, well, it's gone. Fuck the bullshit war on drugs, fuck John Ashcroft, I don't even fucking smoke anymore, but this shit shouldn't be allowed, regardless. When the DEA fucks around with local record stores it's fucked up. If anybody wants any local rap, or anything, you better find it now. I don't know if the other stores are closed, but chances are that they will be.

 

[fthaworld510]

God dam shit like that pisses me off its just weed pipe and god put weed here are gready goverment just wants to take as much money as possible (busting people with pot and pipes) stoges kill people hella people(legal) alchol kills hella people(legal) weed DOES NOT KILL A LOT OF PEOPLE(illegal) Fuck THe goverment Its fuckin currupt as fuck .Im movein to canada(line from half baked) "now all i wanna know is whos commin with me"

Fuck John Ashcroft! Fuck this "Free" America! Fuck this pointless war on drugs! Fuck this war in the mid-east and Fuck George Bush, who can't give peace to anybody's life but his own.

.

FOR REAL VERY VERY TRUE GOD DAM IM TYPEIN IM BIGLETTERS CAUSE IM SO PISSED AND TYPEIN BIGLETTERS IS STUPID I JUST CANT STOP(BOOM MY HEAD JUST EXPLODED)

Peach
FTHAGOVERMENT
Regime Life

 

[fthaworld510]

Fuck John Ashcroft! Fuck this "Free" America! Fuck this pointless war on drugs! Fuck this war in the mid-east and Fuck GEORGE BUSH, who can't give peace to anybody's life but his own.

.

you care if i use that on my sig if not it all good

 

[triple 3]

go for it. it should be preached and spread.

 

[fthaworld510]

I feel a bit better now

 

[mUsh]

Jesus christ, there are like 8 hemp stores in Calgary, hell there is one like 6 blocks from my apartment (Hemporium). Not to mention some 'gift' shops that sell bongs and shirts and pipes and jewelry and shit. Damn I'm glad I live in canada. btw Anyone watch hockey? fuck I hope Calgary wins on saturday it will be a fucking gong show if they do, I went out last night and there were like 30,000 people on the street 2 blocks from where I live, too many damn cops pouring out alcohol tho.

 

[fthaworld510]

Jesus christ, there are like 8 hemp stores in Calgary, hell there is one like 6 blocks from my apartment (Hemporium). Not to mention some 'gift' shops that sell bongs and shirts and pipes and jewelry and shit. Damn I'm glad I live in canada. btw Anyone watch hockey? fuck I hope Calgary wins on saturday it will be a fucking gong show if they do, I went out last night and there were like 30,000 people on the street 2 blocks from where I live, too many damn cops pouring out alcohol tho.

at the beggining of your post i likeed you but then ya had to kick me in the face i love hockey i played for 9 years and im going back by oct tryin to drop a few more pounds but i also love the sharks so fuck u bitch no im just playin your team is nuts this year i hate em but i hope they win that shit canada in genrel desurives it plus your team(with are ex couch and golie beaaattttchhhh)is playin with heart and soul they cant lose it just aint gonna happen but again fuck u (j/p kinda) now im sad been tryin to push the sharks thing behind me im gonna finsh reading your post wants i saw flames i say red haha fuck u but have a nice day(- the fuck u)

 

[mUsh]

Haha I hate the flames, I've only lived in Alberta for like a couple years I was born and raised in BC, I'm a Vancouver Canucks fan, the only reason I cheer for the flames is cause I like the craziness of the parties. I'm still choked they beat out Van. but well fucking bertuzzi is a idiot and cloutier is a goddamn pussy which definatly helped in our shittness in these playoffs.

 

[fthaworld510]

Canucks AH you ok now trevor linden was my favorite playa i used to get shit a sharks games back in the day with my vancover jersy linden#16 jersy on good times

 

[triple 3]

No more hockey please. This is an outrage thread.

 

[fthaworld510]

No more hockey please. This is an outrage thread.

i add my and my hpmes smokin a 7 gram titan i thought if yould go good good with the whole fuck bush thing

 

[ENDelt260]

I'm glad to see my tax dollars are still at work busting head shops. They're truly the scourge of our society. I know I feel a lot safer knowing Tommy Chong is in jail where he can't harm me with his fancy pieces of glass.

 

[Trick420]

i raise the blunt that i am somking right now and say

FUCK THE DEA

 

[triple 3]

The thing is, it wasn't just a head shop. 7th Heaven was huge for the local music scene. That's what has me the most pissed off.

 

[fthaworld510]

i raise the blunt that i am somking right now and say

FUCK THE DEA

Same here

 

[mizzouplaya]

They got shops all over the loop in st louis here. They market it for tobacco use only and get away with it. I would think they should be able to get outta such a thing.

 

[triple 3]

They marked it for tobacco use only, too... but, they got shut down. Welcome to John Ashcroft's America.

 

[ENDelt260]

Unfortunately, it turns out it doesn't matter how you market it.

I got into a discussion on this topic awhile back when the DEA busted a bunch of online suppliers, including Tommy Chong's company. Turns out there's a federal law against the manufacture and sale of bongs. Unfortunately, the board the discussion was on is down now, so I can't dig up the specifics of it.

Just another example of the feds trampling all over states rights. I wouldn't hold out much hope for 7th Heaven. I'm guessing Tommy Chong has more cash to invest in his defense than those folks, and his ass still landed in the joint.

 

[ENDelt260]

Well, here's a start. Check this link.

http://www.usdoj.gov/dea/pubs/csa/863.htm

One key passage of note:

(d) ''Drug paraphernalia'' defined
The term ''drug paraphernalia'' means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this subchapter. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, (FOOTNOTE 1) cocaine, hashish, hashish oil, PCP, methamphetamine, or amphetamines into the human body, such as -

Explains why this quote is so important.

"These items are not traditionally intended for use with tobacco products and have no legitimate use in the community but for the ingestion of a controlled substance," Dolato wrote.

Now, what 7th Heaven may have over someone like Tommy Chong comes later in the statute.

(e) Matters considered in determination of what constitutes drug paraphernalia
In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:

...

(3) national and local advertising concerning its use;

(4) the manner in which the item is displayed for sale;

(5) whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

(6) direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise;

Earlier posts already touched on 3 and 4... but, I can't imagine 7th Heaven's advertising is all that different than Tommy Chong or the others..

As for 5 and 6... well, I'm not sure how much tobacco 7th Heaven sold (it's been a few years since I was in one), but perhaps the sale of music could help that out in item 6.

Bottom line is, it's all bullshit. This thing goes unenforced for years... hell, people get under the impression places like 7th Heaven are legitimate, legal businesses... then one day, the feds just start seizing pipes and locking them up.

 

[Twiztidmn]

wow, shutting a record store down for selling bongs? i should get you guys pictures of any of the Down In The Valley stores here. there is an entire corner of the store (im talking a 10'X15' corner, glass display cases and all, full of bongs, pipes, everything.)