NCJ Number
37534
Journal
Valparaiso University Law Review Volume: 10 Issue: 2 Dated: (WINTER 197) Pages: 353-383
Date Published
1976
Length
31 pages
Annotation
THIS NOTE EXAMINES TWO TYPES OF STATUTES RELATING TO DRUG PARAPHERNALIA: THE FIRST BANNING POSSESSION OF OBJECTS USED TO SMOKE DRUGS SUCH AS MARIJUANA OR HASHISH, THE SECOND PROHIBITING THEIR SALE OR MANUFACTURE.
Abstract
THIS NOTE PROPOSES THAT THE PRESENT PIPE POSSESSION STATUTES ARE UNCONSTITUTIONALLY VAGUE IN THAT THEY FAIL TO PROVIDE EITHER NOTICE TO PIPE POSSESSORS OR ADJUDICATIVE GUIDELINES FOR LAW ENFORCERS. FAILURE TO PROVIDE ADJUDICATIVE GUIDELINES IS PARTICULARLY OBJECTIONABLE BECAUSE OF THE CRUCIAL ROLE WHICH PIPE POSSESSION LAWS PLAY IN JUSTIFYING UNREASONABLE SEARCHES OF SUSPECTED DRUG USERS. SECONDLY, THE DISCUSSION FOCUSES ON THE PURPOSES AND CONSTITUTIONAL INFIRMITIES OF SECTION 9 OF INDIANA'S CONTROLLED SUBSTANCES ACT, WHICH PROHIBITS MANUFACTURE OR SALE OF PARAPHERNALIA FOR MARIJUANA, HASHISH OR COCAINE USE.