Northfield Council Sidelines Drug Paraphernalia Proposal, For Now

An effort to put a drug paraphernalia ordinance on the books in Northfield has been sidelined, at least for the time being.

At Tuesday’s , most councilors indicated that it’s the wrong time to pursue the ordinance because of lingering questions regarding its enforceability.

Councilor Rhonda Pownell spoke in the minority, saying that the council would send a strong anti-drug message to residents by moving ahead with the ordinance.

“The council can say it doesn’t want it to make it easy to do drugs in our community,” Pownell said. “I want to make it difficult.”

The proposed ordinance would prohibit the possession, use and sale of drug-related items—for instance, glass smoking pipes, scales, sifters, spoons and bowls—in Northfield. Violators would be charged with a misdemeanor.

As Councilor Patrick Ganey said, some of the items considered as drug paraphernalia in the proposed ordinance can be found in a typical kitchen.

While the intent of the law—to reduce the use of illegal drugs in the city—is clear, Public Safety Director Mark Taylor said the chances of having the proposed ordinance stand up to a court challenge are not. Without drugs or drug residue present in an item listed on the paraphernalia list, it is difficult to prove that the item is being used illegally.

“You and I might know that an item is being used with marijuana or some other drug, but it won’t stand it court,” he said.

State laws kick in when drugs or residue are found with paraphernalia, Taylor said.

Duluth’s drug paraphernalia law currently is being questioned in court, Taylor said. In reference to Northfield’s proposal, he said, “If it’s not enforceable, I don’t think it should be pursued.”

Northfield’s proposed ordinance was modeled after paraphernalia laws in other Minnesota cities, among them Fridley, Lakeville, Hastings, Burnsville, Bloomington, Moorhead, Eagan, Roseville, Rosemount and St. Paul. It was reviewed by city police investigators and drug task force members.

Taylor said the city’s prosecuting attorney, Elliot Knetsch, also reviewed the proposal and questioned whether the ordinance would be enforceable in court.

Local attorney also raised concerns about the ordinance in a letter distributed to councilors during the work session.

In August, councilors directed city staff to draft the paraphernalia ordinance after the council amended a tobacco license to prohibit the sale of glass pipes and other items usable as drug paraphernalia at (now known as Downtown Tobacco), a tobacco-only retailer on Division Street. Its owner, , was forced to closed his convenience store in Minneapolis in 2006 for failing to prevent drug activity on his property.

The council indicated that it may revisit the proposed ordinance if courts say paraphernalia laws in other cities are enforceable.