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...Carter Administration decided early on that new federal laws were not the answer; Uncle Sam's money would be better spent chasing big-time traffickers. Instead, the Drug Enforcement Administration (DEA) drafted a model anti-paraphernalia statute last fall that it maintains will withstand constitutional challenge, and began encouraging interested states and localities to enact it. The model prohibits, among other things, the manufacture, sale, advertisement and use of any object that is intended for growing or ingesting an illegal drug. The trouble with such language is that it tends to be overly broad. Authorities would have to prove...

Author: /time Magazine | Title: Law: Potshots at Head Shops | 4/21/1980 | See Source »

Courts will dismiss any criminal statute that does not meet the well-established test of telling a person of "ordinary intelligence" what conduct is prohibited. To satisfy this requirement, the DEA model contains a 55-word definition of "paraphernalia," describes in detail dozens of pieces of equipment that would qualify as paraphernalia if used in connection with drugs (including bongs, balloons and blenders), and spells out 14 factors to be considered by police and courts in determining whether an item is likely to be used for drug-related purposes. Still, the constitutional obstacle remains formidable: Deputy Assistant Attorney General Irvin...

Author: /time Magazine | Title: Law: Potshots at Head Shops | 4/21/1980 | See Source »

Despite such caveats, Maryland's legislature this month enacted a version of the DEA model. Governor Harry Hughes, however, does not plan to sign it until he receives his attorney general's opinion on the bill's constitutionality. That recommendation could depend on a federal judge's ruling on one of the model's first offspring, a law enacted by the city of Parma, Ohio. The decision may also determine whether or not anti-paraphernalia legislation has a future...

Author: /time Magazine | Title: Law: Potshots at Head Shops | 4/21/1980 | See Source »

...life goes on, doesn't it? After the war wound down and affirmative action was getting in gear, New Lefters faced three logical alternatives: terrorism, the hippie life, or local political organization. I stayed happily hippie until my running battle with the Nixon-bolstered American Gestapo (the DEA) took a turn for the worse. Watergate was distracting; but as the Mountie told the renegade Eskimo in The Savage Innocents,men forget and men die, but The Book doesn't. Too, my father's passing made the nation's economic problems one of my concerns. It got involved in politics with...

Author: By Stephen TAPP -, | Title: Kennedy's Children in the '70s | 1/7/1980 | See Source »

...result of its success, Operation Banco may become a prototype for narcotics investigations across the nation. DEA agents in New York City are already working with the IRS and the Federal Reserve Bank. The Government hopes that the ubiquitous computer will prove to be the best sleuth yet in tracking illegal drug traders...

Author: /time Magazine | Title: Nation: Tuna Catch | 5/14/1979 | See Source »

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