Drug Paraphernalia Law Invoked : ‘Head Shop’ Owner Convicted

For the first time in the San Fernando Valley, the owner of a Van Nuys “head shop” was convicted Tuesday of violating a 1983 state law that makes it a misdemeanor to sell drug paraphernalia.

A Van Nuys Municipal Court jury deliberated one day before finding Jack Herer, 46, guilty of two counts of supplying pipes, spoons, vials and other items that, prosecutors said, he “reasonably should know” are intended to be used to ingest controlled substances.

Although the law took effect on Jan. 1, 1983, owners of such stores have challenged its constitutionality, calling the statute “vague and overbroad,” according to Deputy City Atty. Jessica Perrin Silvers, who prosecuted the case.

The law was upheld only last June by the appellate department of the Los Angeles County Superior Court in a case involving a Los Angeles store, Silvers said. She said the ruling paved the way for Herer’s case to go to trial.

3 Cases Awaiting Trial

Three other cases involving stores in the Valley are awaiting trial, she said.

Soon after the law was adopted, Los Angeles police began searching stores throughout the city and confiscating paraphernalia. However, many of the establishments, including Herer’s store, continued operating while the owners awaited prosecution.

Herer’s store, High Country, at Burbank Boulevard and Hazeltine Avenue, was searched on Feb. 11, 1983, and Jan. 10, 1984, Silvers said. More than 6,000 items were seized in each search, Silvers said.

Herer, who now lives in Portland, has been active in drives to legalize marijuana in California and Oregon.

He said after the verdict that his Van Nuys store specializes in tobacco and that the pipes and other items cited by the city are intended for use with smoking tobacco and snuff.

A sign hanging from the ceiling of the store reads, “Any reference to illegal usage will result in refusal of service.”

Common Denominator

But Silvers successfully argued to the jury that the name of the store suggests that drug-related items are sold there. In addition, Silvers said, the “enormous quantity” of paraphernalia seized from Herer’s store had only one common denominator: drugs, particularly marijuana and cocaine.

“It so overwhelmingly implies, ‘Use me with drugs,’ ” Silvers said.

Herer will be sentenced next Tuesday by Van Nuys Municipal Judge Leslie A. Dunn.

He could receive up to a year in jail and a $2,000 fine, Silvers said. In addition, the law provides that conviction can result in the revocation of a business license. Silvers said she did not know whether the city would take steps to close Herer’s shop.