Heads You Lose

Gigantic pink plastic bungs, small smoking stones" which look like deformed chestnuts. brutal-looking "power hitters" to help a smoker quickly inhale larger amounts of that illegal smoke--all must go, according to a new state Law passed this winter.

Gov. Edward J. King signed the bill into Law in December, amending the chapter of Massachusetts law governing illegal drugs. Under the new provision, selling any paraphernalia "intended" for use with controlled substances will land a dealer, independent craftsman, or retail manager in jail for one or five years, depending on whether the items are sold to adults or minors.

The wording of the law is fuzzy, classifying paraphernalia not by what it is but by what it is used for. A corncob pipe with "Get High" or "Marijuana Smokers Do it Better" lettered on the bowl, for example, would be considered illegal. Howard whitehead, a spokesman for the Middlesex County District Attorney's office, says that as with any new statute whose language is difficult, a few test casts in court are needed to determine how far-reaching the new law is, exactly what someone has to sell to violate the law, Whitehead said that the law will be difficult to enforce and that local police will do most of the enforcement work. State police will handle only larger cases--such as investigations of retail "novelty" outlets which sell paraphernalia.

While Whitehead says investigations of large scale outlets may prove successful, prosecuting independent craftsmen who make their own paraphernalia and sell it to friends and neighbors will be far more difficult. The law seems aimed at reducing large scale sales of equipment used to in gest drugs, especially sales to minors.

Although the law has some possible loopholes which might allow retailers to continue to market smoking supplies--calling pipes obviously designed for manrijuana smoking tobacco pipes." for example most smoking supplies in the area are sold in shops that deal only in such items and operators of at least two shops in the Boston area say they are not very optimistic the future of their business.

Several head shops in the Boston area such as the Head Shop in Central Square have already closed down Others like the Combat Smoke Shop, near the Park Street subway station in Boston, and Liberty Free in Central Square both of which are under the same management remain tentatively open.

A sign inside the Combat /one Smoke Shop proclaims "We cater orgies" The sales clerk be hind the counter will not discuss the new law saying he does not want to call public attention to any Ioopholes. This smoke shop will be one of the hardest since virtually all of its stock is the kind of paraphernalia that has been outlawed.

Yet instead of the discount close out sales one might expect the store to be holding, signs indicate increases on many products. Including rolling papers A clerk at the affiliated Liberty Tree shop in Central Square says the increasing cost of Paper makes wholesale and retail prices go up. and he adds. "Don't be surprised to see E-Z [currently $7.50] going for $30 a box after the law takes effect. As local competition decreases with each store that closes, prices can be driven higher and higher, and copies of the law clearly showing the date it takes effect are posted on shop walls, evidently to encourage consumers to stock up.

One of the loopholes the Boston sales clerk may have meant is visible in the Liberty Tree store an inconspicuous little shop on Mass Ave in Central Square, with no sign announcing the store's name On one shelf, a rack of pipes is designated "tobacco pipes." The owner of Liberty Tree says he hasn't yet through about whether he will close his two stores, but adds with more than a touch of sarcasm that his decision will depend on "whether I want to go to jail."

Little Jack Horner's Trick and Joke Shop in downtown Boston may fare better than the Combat Zone Smoke Shop and Laberty Tree Only half of the store's stock consists of paraphernalia. while the rest devoted to jokes, magic tricks, and Halloween masks Manager David Bertolino says he is optimistic that the new law will not hurt his store, and says most of his sales come from the trick and joke products Bertolino says he is not currently stocking up with any new smoking supplies. but sales of those items have been phenomenal customers are coming in and buying three and four boxes of rolling papers "Some of the more popular novelty paraphernalia items at the store were sold out by New Year's Day.

Although Bertolino plans to cut down the size of his paraphernalia counter by March, he says the fantastic array of football-shaped power hitters. onyx, wood and corncob papers: mirrors for cutting cocaine: glass pipes tiny spoons scales brass razor electric water pipes smoke v pipes and ginseng powder will provide ample loopholes for storeowners who want to work around the law. Bertolino has added cigarettes to his inventors which he says will probably allow him to carry rolling papers rolling machine and ginseng powder.

Despite the loopholes he mention. Bertolino says he fells sorry for proprietors of shop that only stock smoking supplies He does not think his business will fail, but he says he is more than a little ruffled by the new law. The way I see it during Prohibition they didn't take away your glass