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Thousands of pipes and baggies seized from Still Smokin
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Kathy Wakeman, manager of Animas Trading Co., stands next to the case that used to house the store's supply of glass pipes. Last week, Wakeman voluntarily removed the pipes after a visit by agents from the Southwest Drug Task Force who suggested she do so or be ticketed./Photo by Todd Newcomer.
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by Missy Votel
One Durango business has closed its doors and another reduced its inventory in the wake of a
recent crackdown on the sale of alleged drug paraphernalia.
Last Wednesday, investigators with the Southwest Drug Task Force seized tens of thousands of suspected illegal drug
paraphernalia from Still Smokin, 3012 N. Main Ave.
According to investigators, more than half of Still Smokin's total floor space was dedicated to the sale of items
allegedly used in the use and dispensing of controlled and illegal substances. Items seized included nearly 2,800
marijuana pipes; 41,000 coin baggies commonly used to package methamphetamine and cocaine; 344 water pipes; and 66
digital and spring scales.
This was not the Task Force's first trip to the tobacco and smoking accessories shop. In mid-February, investigators
executed a first search warrant, during which time they documented "large amounts" of drug paraphernalia for sale. In
addition to the aforementioned seized pipes, baggies and scales, investigators also found urinalysis test kits,
detoxification supplies and stash cans designed to look like cleaning products or soda cans. However, the items of
most interest were the approximately 800 glass pipes allegedly used for smoking methamphetamine, and the coin
baggies. According to the Task Force, the glass pipes have no legitimate use other than the consumption of meth or
crack, and baggies bearing the same print as the ones for sale in the store have been seized from local meth
distributors for years.
"There's a few stores in town that sell these sorts of things, the guys walked into this one to take a look, and it
was pretty astonishing," said Task Force Director Kelly Davis. "To think that one store had for sale 800
methamphetamine pipes and more than 60,000 baggies is a shocking example of the problems our community faces in terms
of drug use."
Although no arrests were made during the initial visit, investigators made a detailed inventory of the store at the
time and took some representative evidence samples in order to present the case to the District Attorney's office for
formal charges. According to investigator Jeff Copeland, during the three-hour period that inventory was documented,
more than 20 prospective customers between the ages of 18 and 25 were turned away by store employees.
Investigators then returned to the store last week, this time with a search warrant to seize all suspected drug
paraphernalia. As of Tuesday, the store was closed, its phone number disconnected and red evidence tape lined the
entrance. Phone calls to the store's owner, James Bender, of Farmington, were not returned.
Bender faces an April 20 court date on four counts of the manufacture, sale or delivery of drug paraphernalia under
Colorado law, a class II misdemeanor. According to Deputy District Attorney Todd Norvell, each count carries possible
county jail time of three to 12 months and/or a $250 to $1,000 fine. Norvell said there is a common misconception
that selling such items is legal since it can be argued they are used to smoke tobacco.
"Any person who sells or delivers or manufactures such items, knowing that they can be used to consume controlled
substances, is breaking Colorado law," he said.
Although Norvell denied that new District Attorney Craig Westberg is taking a "zero-tolerance" policy toward drugs,
he did say it is the D.A.'s duty to indict drug offenders.
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Still Smokin was not open for business earlier this week. On March 30 investigators with the Southwest Drug Task Force seized more than 3,000 suspected drug pipes as well as other drug paraphernalia from the store. The store's owner is facing four counts of class II misdemeanor related to drug paraphernalia charges./Photo by Todd Newcomer.
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Although Norvell denied that new District Attorney Craig Westberg is taking a "zero-tolerance" policy toward drugs,
he did say it is the D.A.'s duty to indict drug offenders.
"If we get information that someone is violating drug laws, then we'll take a look at prosecuting," he said.
In addition to Still Smokin, Task Force investigators also visited Animas Trading, a clothing and accessory shop, in
downtown Durango that sells glass pipes. According to manager Kathy Wakeman, investigators came in last Thursday but
did not seize any items.
"They just came in and said, 'We're here to educate you on what you are carrying. It's illegal and you're going to
have to get rid of it,'" she said. Although they did not order her to pull the pipes off the shelves immediately, she
said they advised her to stop selling them or she would be issued a ticket. Although the store prominently displays a
sign informing customers that the pipes are not intended for illegal use, Wakeman decided to cooperate with
authorities.
"We just got rid of them," she said. "We decided we didn't want to take the energy to fight it in court."
According to Davis, Wakeman was issued a warning versus a summons because of the lesser degree of severity in her
case. "There's more to it than someone just selling pipes for smoking marijuana," he said. "The difference would be
the way they have it marketed. Those are the key things that make the difference between selling pipes for marijuana
and paraphernalia for controlled substances."
In the case of Still Smokin, he said the rationale was more overt. "With those meth pipes, there's absolutely no use
other than consuming controlled substances," he said.
Davis said more local businesses selling such items have been contacted as well.
"The ones we are aware of, we've contacted to make sure they're aware of the law and hope that they make wise
choices," he said.
In the meantime, Wakeman, who estimates that pipes made up about 10 percent of her annual sales, said demand for the
now hard-to-find items is still strong.
"Just yesterday, we had five or six people in a row come in and ask for them," she said.
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