The Iowa Court of Appeals says glass pipes used for drugs should not have been seized from a Des Moines store. The pipes were seized along with various other drug paraphernalia from the “Day Dreams” store in an undercover police operation in Des Moines.
Store owner, Charles Clark requested the pipes be returned, saying they are not illegal under Iowa law. The district court found the pipes were drug paraphernalia under Iowa and federal law and could be seized. The Appeals Court ruling says the law requires the pipes to be used to ingest drugs to be considered illegal. The court says no drugs were found in the store and there was no evidence to conclude the pipes had been used.
The ruling also says there has to be a drug conviction under federal law for the pipes to be considered drug paraphernalia. The Appeals Court says the pipes have to be returned to Clark.