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Now that weed is legal, can we finally abandon the charade where we all pretend that none of the things sold in the head shop will be used for smoking marijuana? Can we, at long last, call a bong a bong?
—Cathleen A.
The head shop in my neighborhood has for years featured a sign that reads, "Please do not use the 'B' word when talking about our water pipes." (Really? Part of me has always fantasized about breaking this rule by strolling up to the counter and saying, "Yo, let me see that water pipe, bitch.")
What you describe, not unreasonably, as a charade is based on a provision of Oregon law that makes it illegal to sell paraphernalia "knowing that it will be used to unlawfully plant, propagate, cultivate…ingest, inhale or otherwise introduce into the human body a controlled substance."
"Knowing" is the key word here. If you don't say "bong," the theory goes, how on earth could the seller possibly know that you intend to use his glass pipes, chillums, grinders, vaporizers and one-hitters for weed? It's not a head shop, it's just a tobacco store that happens to have a shitload of tie-dye and framed covers from High Times magazine!
Now that recreational weed is legal, though, does any of that matter anymore? Yes and no. Measure 91 doesn't strike the anti-paraphernalia provisions from the books; it merely carves out an exemption for those who are selling "marijuana paraphernalia" to individuals 21 or over.
Currently, tobacco and tobacco-related goods are legal to sell to anyone over age 18. Thus, your local Jerry Garcia-loving tobacconists have a decision to make: They can go 21-and-over and say "bong" until their lips fall off, or they can continue to sell four-chambered water pipes decorated with pot leaves—for use with tobacco only!—to any 18-to-20-year-old who comes down the pike. Results may vary, check your local listings.
WWeek 2015