New judge appointed in case of pair charged with selling bongs

BELTON, Mo. -- A new judge has been appointed in the case of a Belton couple charged with selling water pipes and other drug paraphernalia, even though stores in other metropolitan areas around the state have been selling the same items for years.

Cass County Circuit Court Jacqueline Cook will replace Judge Joseph Dandurand at the request of lawyers for Kevin and Michelle Van Trump. The Van Trumps are scheduled to be arraigned July 21 on two felony counts each of selling drug paraphernalia at their store, the Bizarre Boutique in Belton.

Under Missouri law, items such as water pipes, or bongs, and other paraphernalia are illegal only if an individual knows or "reasonably should know" that they will be used for drugs.

Law enforcement officials in Kansas and Missouri acknowledge that it is legal to own items such as bongs, hookahs and water pipes because they can be used for purposes other than drug usage. In some Mideast cultures, hookahs traditionally are used to smoke tobacco.

Kevin Van Trump said his business is legitimate, and that signs were posted throughout the store saying the pipes were to be used only with tobacco.

Items similar to those at the Bizarre Boutique are also sold at stores elsewhere in Kansas City and in Columbia and St. Louis, but store owners are rarely prosecuted.

Jeannette Graviss, chief warrant officer for St. Louis, said the office had never filed charges against a retailer of bongs, noting that they can be collector's items.

Criminal defense lawyer Patrick Peters said the law should be clear-cut.

"Is it the store owner's responsibility to find out what the customer is going to do with it?" Peters said. "What you want to prevent is facilitating the illegal use of drugs. But how far up the ladder do you go? Why don't manufacturers of bongs get charged?"

Koster has said it would be up to a judge or jury to decide if his interpretation of the law is correct.