Philadelphia blunt ban

{{Infobox legislation

| short_title = Philadelphia Bill No. 060345

| image = Seal of Philadelphia, Pennsylvania.svg

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| citation = [http://legislation.phila.gov/attachments/3168.pdf Phila. Bill No. 060345]

| enacted_by = Philadelphia City Council

| date_enacted = May 12, 2006

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| date_signed = January 23, 2007

| date_commenced = January 23, 2007

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| introduced_by = Councilman Brian J. O'Neill

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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.{{cite news|title=Philly Rolls Up the Blunt|author=Taylor W. Buley|date=2007-02-11|work=Brainwash|publisher=America's Future Foundation}}{{cite news|title=Mayor signs bill to ban drug paraphernalia|author=William Kenny|date=2007-02-01|work=Northeast Times}} It has since been overturned by court decree.

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.{{cite news|date=2007-01-23|title=Mayor Street Signs Anti-Drug Paraphernalia Bill|work=CBS 3|publisher=CBS Broadcasting Incorporated}}

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.

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.{{cite news | url=http://www.poconorecord.com/apps/pbcs.dll/article?AID=/20080623/NEWS/80623013 | title=Court issues mixed verdict on Philly's 'blunt' ban | work=Pocono Record | date=June 23, 2008 | accessdate=April 5, 2012 | author=Scolforo, Mark}}{{cite news | url=http://www.philly.com/philly/hp/news_update/20110121_Court_tosses_out_city_s_tobacco-sales_ordinance.html | title=Court tosses out city's tobacco-sales ordinance | work=Philadelphia Daily News | date=January 21, 2011 |author1=Warner, Bob |author2=Lucey, Catherine |name-list-style=amp }}

Philadelphia blunt ban

Passage

Invalidation

References

Further reading