A Tobacco Control Policy & Legal Resource Center
Supporting Smokefree Air & Tobacco-Free Lives

Montclair residents concerned about paraphernalia shop near a school bus stop and school

Posted on

Montclair NJ’s Fourth Ward residents have voiced concerns about a storefront in their district that primarily sells smoking paraphernalia. The store is located directly across the street from a school-bus stop and within walking distance of Nishuane School.

According to Baskerville, municipal code Chapter 170-6  states: “No person shall advertise, display, sell or offer to sell any type of syringe, needle, eye dropper, spoon, pipe, testing kit, rolling paper or other paraphernalia or appliances designed for or ordinarily used in smoking, testing, weighing, measuring, injecting, cooking or sniffing marijuana, cocaine, opium, hashish or other controlled dangerous substances as defined by N.J.S.A 24:21-1 et seq.”

Lt. Wil Young of the Montclair Police Department stressed that the items for sale at the shop are not illegal and that without drugs, such as marijuana, they are not considered paraphernalia. From speaking with Township Attorney Ira Karasick, Baskerville said that it would be difficult to pursue the matter given that the items can be used for smoking tobacco.  Councilwoman Baskerville say  stickers stating “Stoned by Nature displayed in the store.

The Montclair police department also shared it is challenging to enforce the state law NJSA 54:40a-1 et.seq. that ban on selling loose cigarettes called “loosies.”  Sgt. Tyrone Williams said that police have told merchants not to sell loosies, but that some of them resume selling once police leave. 
Read more in the April 30, 2015 edition of the Montclair Times
GASP comment:  In 2004, Montclair added to its local code “Chapter 320 Tobacco Products” that the sale of single cigarettes or any tobacco product in any form other than an original stamped factory-wrapped package is prohibited.