WASHINGTON — Capitol Hemp’s two stores are being forced to close after four years in business. Not because of its hemp business, but for allegedly selling water pipes for illegal use in its backroom tobacco shop.

Water pipes, which are commonly used for smoking marijuana, are legal for sale in the District of Columbia and not considered a drug paraphernalia as long as they are intended for uses like medicinal marijuana and smoking tobacco.

“When you come into my store and you talk about using illicit substances, we’ll ask you to leave,” said Adam Eidinger, the co-founder of Capitol Hemp. “The backroom is reserved for lawful use.”

Sellers of these water pipes, which are sometimes called “artisan glass pipes,” walk a fine line to keep their businesses running, said Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws, a nonprofit that wants to eliminate criminal penalties for and legalize cannabis.

 

Capitol Hemp closes its doors after settling with the district on charges of selling drug paraphernalia. (Kimiteru Tsuruta/Medill News Service)

Capitol Hemp recently settled charges of selling drug paraphernalia brought by D.C. police. The settlement involves closing the stores and Eidinger and co-founder Alan Amsterdam serving 32 hours of community service in exchange for having the charges dropped and their confiscated inventory valued at $350,000 returned. The police affidavit claims that, based on the raid by the undercover police officer, the look and purpose of the store make the case that the owners knew they were selling the pipes for illicit use.

“We were very much pressured into settling because they [the district] are bankrupting us,” said Eidinger about the charges that were brought against him and his store. Calls to the police department were not returned.

The affidavit also says that while hemp and hemp products are legal, the items found in the store only promote marijuana, its illegal use and the sales of devices to smoke marijuana.

“The main business for these hemp shops aren’t hemp, but drug paraphernalia,” said St. Pierre, because  water pipes, kits that help pass drug tests and synthetic marijuana are better sellers than hemp products.

Two days after the Capitol Hemp raid in October, nearby Adams Morgan stores B & T Newsstand and Shiva Electronics were raided. They have paid their fines and remain in business.

“These stores have gotten a pass,” said St. Pierre, but noted that their primary business operations were not selling water pipes.

Capitol Hemp customer Brian Price said the conflicting messages sent by the  police raids and the district’s approval to legalize medicinal use of marijuana cause confusion because the way to vaporize marijuana that helps medicinal users to avoid inhaling irritating respiratory toxins requires a water pipe.

“I’m fairly surprised that it’s [Capitol Hemp] being closed down partially because medical marijuana dispensaries are opening up, ”said Brian Price, referring to the district’s approval of four locations to become dispensaries last month.

Amsterdam said that he plans to open a new shop in the suburbs.