Philadelphia blunt ban

Last updated
Philadelphia Bill No. 060345
Seal of Philadelphia, Pennsylvania.svg
Philadelphia City Council
Citation Phila. Bill No. 060345
Enacted by Philadelphia City Council
EnactedMay 12, 2006
SignedJanuary 23, 2007
CommencedJanuary 23, 2007
Introduced byCouncilman Brian J. O'Neill

Philadelphia Bill No. 060345, colloquially known as the Philadelphia blunt ban, was an ordinance in Philadelphia, Pennsylvania which banned the retail sale of cigarettes or cigars sold one or two at a time, rolling papers, flavored tobacco products, and drug consumption and packaging paraphernalia such as water pipes, roach clips, and bongs. It was an amendment to Chapter 9-600, the "Service Businesses" section, of the Philadelphia Code. [1] [2] It has since been overturned by court decree.

Contents

Passage

The ban was the result of a campaign by Philadelphia police officer and community activist Jerry Rocks, Sr. Rocks's campaign, begun in October 2005, sought to restrict or prohibit convenience stores from selling the types of items eventually covered by the ordinance. Rocks targeted his campaign particularly at Sunoco and Wawa Food Markets. [3]

Councilman Brian J. O'Neill sponsored the bill, introducing it into the Philadelphia City Council in May 2006. It was passed unanimously by the Council and signed into law by Philadelphia Mayor John F. Street on January 23, 2007, with immediate effect. [2] [3]

Invalidation

In 2008, the Commonwealth Court held that the ban was partially preempted by the Controlled Substance, Drug, Device and Cosmetic Act, 35 Pa. Stat. Ann. §§ 780-101-780-144. On January 19, 2011, in Holt's Cigar Co. v. Solvibile, the Supreme Court of Pennsylvania reversed the Commonwealth Court's decision in part, holding that the entirety of the ban was preempted by the Controlled Substance Act. [4] [5]

Related Research Articles

Ed Rendell American lawyer and politician

Edward Gene Rendell is an American lawyer, prosecutor, politician, and author. He served as the 45th Governor of Pennsylvania from 2003 to 2011, as chair of the national Democratic Party, and as the Mayor of Philadelphia from 1992 to 2000.

Drug paraphernalia

"Drug paraphernalia" is a term, to denote any equipment, product or accessory that is intended or modified for making, using, or concealing drugs, typically for recreational purposes. Drugs such as marijuana, cocaine, heroin, and methamphetamine are related to a wide range of paraphernalia. Paraphernalia generally falls into two categories: user-specific products and dealer-specific products.

John F. Street

John Franklin Street is an American politician and lawyer who served as the 97th Mayor of the City of Philadelphia. He was first elected to a term beginning on January 3, 2000, and was re-elected to a second term beginning in 2004. He is a Democrat and became mayor after having served 19 years in the Philadelphia City Council, including seven years as its president, before resigning as required under the Philadelphia City Charter in order to run for mayor. He followed Ed Rendell as mayor, assuming the post on January 3, 2000. Street was Philadelphia's second black mayor.

Index of Pennsylvania-related articles Wikipedia index

The following is an alphabetical list of articles related to the United States Commonwealth of Pennsylvania.

Michael Nutter

Michael Anthony Nutter is an American politician who served as the 98th Mayor of Philadelphia. Elected on November 6, 2007, he was reelected to a second term on November 8, 2011. He is a previous member of the Philadelphia City Council from the 4th district and had served as the 52nd Ward Democratic Leader until 1990. Mayor Nutter also served as the President of the United States Conference of Mayors from June 2012 to June 2013. He received an honorary doctorate in public service from Saint Joseph's University in 2015. Nutter is a former member of the Homeland Security Advisory Council.

Milton Street Businessman and politician from Pennsylvania, United States

Thomas Milton Street, Sr. is an American entrepreneur, a former Pennsylvania state senator from Philadelphia, and the brother of former Philadelphia mayor John Street. Originally a street hot dog vendor, he rose to prominence as an activist challenging the city's vending and housing ordinances.

Erie v. Pap's A. M., 529 U.S. 277 (2000), was a landmark decision by the Supreme Court of the United States regarding nude dancing as free speech. The court held that an ordinance banning public nudity did not violate the operator of a totally nude entertainment establishment's constitutional right to free speech.

Drug policy of California refers to the policy on various classes and kinds of drugs in the U.S. state of California. Cannabis possession has been legalized with the Adult Use of Marijuana Act, passed in November 2016, with recreational sales starting January of the next year. With respect to many controlled substances, terms such as illegal and prohibited do not include their authorized possession or sale as laid out by applicable laws.

<i>Cradle of Liberty Council v. City of Philadelphia</i>

Cradle of Liberty Council, Inc., Boy Scouts of America, v. City of Philadelphia also known as Cradle of Liberty Council v. City of Philadelphia, [2:08-cv-02429RB] is a U.S. Court case involving the Cradle of Liberty Council versus the City of Philadelphia. The case was filed on May 23, 2008, in the United States District Court for the Eastern District of Pennsylvania. Judge Ronald L. Buckwalter presided over the case. The Boy Scouts were represented by Drinker Biddle & Reath. The case ended with the court ruling in favor of the Boy Scouts of America. The Cradle of Liberty Council Council is also entitled to collect $877,000 of legal costs from the city's unlawful action.

Family Smoking Prevention and Tobacco Control Act

The Family Smoking Prevention and Tobacco Control Act, is a federal statute in the United States that was signed into law by President Barack Obama on June 22, 2009. The Act gives the Food and Drug Administration the power to regulate the tobacco industry. A signature element of the law imposes new warnings and labels on tobacco packaging and their advertisements, with the goal of discouraging minors and young adults from smoking. The Act also bans flavored cigarettes, places limits on the advertising of tobacco products to minors and requires tobacco companies to seek FDA approval for new tobacco products.

Brian J. ONeill

Brian J. O'Neill is a Republican Councilman representing the Tenth District on the City Council of Philadelphia, Pennsylvania. He has served since 1980.

LGBT rights in Pennsylvania

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Pennsylvania face some legal challenges and discrimination not experienced by non-LGBT residents. Same-sex sexual activity is legal in Pennsylvania. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. Pennsylvania was the final Mid-Atlantic state without same-sex marriage, indeed lacking any form of same-sex recognition law until its statutory ban was overturned on May 20, 2014.

LGBT rights in Alaska

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Alaska may face some legal challenges not experienced by non-LGBT Alaskans. Same-sex sexual activity has been legal since 1980, and same-sex couples have had the right to marry since October 2014. The state offers few legal protections against discrimination on the basis of sexual orientation and gender identity, leaving LGBT people vulnerable to discrimination in housing and public accommodations; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal. In addition, four Alaskan cities, Anchorage, Juneau, Sitka and Ketchikan, representing about 46% of the state population, have passed discrimination protections for housing and public accommodations.

The legal status of Salvia divinorum in the United States varies, with 29 states having completely banned it and others considering proposals for banning its use.

Gun laws in Pennsylvania

Gun laws in Pennsylvania regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Pennsylvania in the United States.

Hoffman Estates v. The Flipside, Hoffman Estates, Inc., 455 U.S. 489 (1982), is a United States Supreme Court decision concerning the vagueness and overbreadth doctrines as they apply to restrictions on commercial speech. The justices unanimously upheld an ordinance passed by a Chicago suburb that imposed licensing requirements on the sale of drug paraphernalia by a local record store. Their decision overturned the Seventh Circuit Court of Appeals.

Timeline of cannabis laws in the United States

The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.

2015 Philadelphia mayoral election 2015 mayoral election in Philadelphia, Pennsylvania

The 2015 Philadelphia mayoral election was held on November 3, 2015, to elect the Mayor of Philadelphia, Pennsylvania, concurrently with various other state and local elections. Heavily favored Democratic party candidate Jim Kenney won.

Cannabis in New Mexico is illegal for recreational use, but decriminalization went into effect in July 2019. A bill to legalize recreational use passed the House in March 2019.

References

  1. Taylor W. Buley (2007-02-11). "Philly Rolls Up the Blunt". Brainwash. America's Future Foundation.
  2. 1 2 William Kenny (2007-02-01). "Mayor signs bill to ban drug paraphernalia". Northeast Times .
  3. 1 2 "Mayor Street Signs Anti-Drug Paraphernalia Bill". CBS 3. CBS Broadcasting Incorporated. 2007-01-23.
  4. Scolforo, Mark (June 23, 2008). "Court issues mixed verdict on Philly's 'blunt' ban". Pocono Record . Retrieved April 5, 2012.
  5. Warner, Bob & Lucey, Catherine (January 21, 2011). "Court tosses out city's tobacco-sales ordinance". Philadelphia Daily News .

Further reading