The Mercury (Pottstown, PA)

Smoke shop owner found guilty

Jury convicts man of selling drug equipment

- By Carl Hessler Jr. chessler@21st-centurymed­ia.com @MontcoCour­tNews on Twitter

NORRISTOWN » After observing bongs, glass pipes and grinders that were seized from a Limerick smoke shop, a Montgomery County jury convicted the shop owner of selling and advertisin­g drug parapherna­lia.

Craig Hennesy, 49, was convicted of charges of possession with intent to deliver drug parapherna­lia and advertisem­ent of drug parapherna­lia in connection with a July 2016 incident at Piper’s Smoke Shop, which was located in the 100 block of West Ridge Pike in Limerick. The jury deliberate­d about 90 minutes before reaching a verdict after a two-day trial.

“Essentiall­y, what the jury

found was that all the items that we seized from his store were drug parapherna­lia and that he knew or should have known that his customers, mainly college kids, were going to be using that stuff to smoke marijuana or to store marijuana, basically using it in conjunctio­nwithmarij­uana and other controlled substances,” county Assistant District Attorney Evan Correia said after the trial concluded.

During the trial, Correia argued Hennesy, of the 100 block of Bridge Street, Spring City, advertised the items on his web site.

“He had pictures and videos, lists of all the different types of things that he was selling. Putting something on your web site like that is enough for the advertisin­g charge,” Correia added.

Hennesy did not testify during the trial but his lawyer Christophe­r Mandracchi­a argued the items seized from the store were used for legitimate purposes, to smoke tobacco, and that Hennesy was selling the items to tobacco users.

Judge Gary S. Silow, who presided over the jury trial, deferred sentencing and permitted Hennesy to remain free on bail pending a sentencing hearing. Hennesy potentiall­y faces several months in jail on the charges but state sentencing guidelines could allow for a lesser sentence.

“I’m going to be asking for some sort of jail time. This defendant was warned by the police prior to his opening his store that if he started selling these items that they considered to be drug parapherna­lia he would be charged with a crime,” Correia alleged.

“Greed got in his way. He knew what was going to happen if he started selling these items and he decided it was more important to make money than to follow the law,” Correia added.

Limerick Police Sergeant Paul Marchese alleged he spoke with Hennesy by telephone on July 25, 2016, ahead of the store’s August opening.

“Mr. Hennesy stated he heard that Montgomery County was cracking down on head shops and that a few head shops have been charged with selling smoking pipes. I explained toMr. Hennesy that glass pipes, water pipes (bongs) and grinders were all considered illegal drug parapherna­lia,” Marchese wrote in the arrest affidavit.

Hennesy allegedly told Marchese that 50 percent of his projected sales would come from glass pipes and water pipes and that the other sales would consist of T-shirts and othermerch­andise. Hennesy allegedly told Marchese he would display signs that said all items were to be used with tobacco.

“Hennesy further stated that he has $100,000 worth of merchandis­e inventory,” Marchese wrote in the arrest affidavit.

“Through my training and experience I know that these glass andmetal smoking pipes are commonly used to smoke marijuana. I know that the grinders are commonly used to shred marijuana prior to smoking,” Marchese added.

Limerick authoritie­s noticed that on Aug. 8 Piper’s Smoke Shop was open for business.

On Aug. 10 an undercover police officer went to the store and observed “display cases full of glass pipes and bongs in various shapes and sizes” and various storage containers for concealing illegal drugs or parapherna­lia, according to court papers. At that time, Hennesy advised the undercover officer to read a sign that indicated that the products are intended for tobacco use, according to court papers.

The undercover officer purchased a so-called “one hitter,” a fake cigar-type pipe “designed for a single inhalation or hit,” according to the criminal complaint.

On Aug. 29, an informant working with police went to the store and purchased a grinder and two packs of rolling papers, according to court documents.

On Aug. 31, armed with a search warrant, Limerick and county detectives went to the shop and seized more than 900 smoking pipes and 200 bongs, the type commonly used to smoke marijuana, according to the criminal complaint. Also seized were 170 bong mouthpiece­s, 70 grinders, 25 scales and 20 concealing storage containers, detectives said.

Correia showed the jury about two dozen of the multi-colored items during the trial.

The Limerick store has since closed.

But during the course of the investigat­ion, detectives discovered Hennesy owned two additional Piper’s Smoke Shops in Chester County, according to court documents.

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