In a previous article, we reported on a new ordinance that was patterned after North Dakota’s drug paraphernalia law. The ordinance was passed by the Fargo’s sister city of Moorhead and stops Fargo residents from getting illegal supplies after a short, cross-town drive. Now, a few months later, we are into round two of the battle – the courtroom.
The ordinance went into effect in January, and a local “headshop” closed its doors on January 10th as a result. The Discontent store owners are now in court trying to get an injuction to prevent the law’s enforcement. They claim it is unconstitutional since the items they sell are dual-use. They can be used to smoke legal tobacco or herbs as easily as marijuana. The claim is that this exempts them from the strict laws that identify items based on their primary purpose. Discount also points out that what customers do with the products after the sale shouldn’t be their concern.
The lawsuit calls for an injunction and seeks to get the ordinance thrown out. They also seek damages for each day the store remains closed due to the prohibitions.
On the city’s side of the issue, attorney Brian Neugebauer said Moorhead plans to fight the complaint. He is quoted in news reports as saying, “The city is confident the ordinance is constitutional and prohibits the sale of illegal items. They've always disagreed. To them, there is no such thing as drug paraphernalia."
Moorhead officials say the city ordinance is uses language and concepts that mirror what is in place in North Dakota. We have a statewide ban on paraphernalia. Should the challenge to the ordinance stand up in court, look for other communities across the state border to adopt similar measures.
For now the battle continues. Residents of Fargo and across North Dakota will have a bit further to drive to pick up their bongs or hookas. At least past the city limits of Moorhead.
