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Xtra Mart head shop
Posted by: ban the bongs ()
Date: October 13, 2013 09:52AM

How is it that gas stations are now allowed to operate as head shops right across the street from schools? The Xtra Mart on Braddock and Lincolnia is selling bowls, papers, blunts, and small water pipes. All right up on the front counter. Meanwhile they sell tons of candy and snacks to attract the kids from Parklawn Elementary School.

Back in the day Penguin Feather got shut down and they always kept the goodies hidden away in the back and had a crappy record selection so that there was nothing to attract kids into the shops.

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Re: Xtra Mart head shop
Posted by: missing out ()
Date: October 13, 2013 11:12AM

too bad they don't have guns, booze, and porn

BWdwxTQIUAAFvYs.jpg

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Re: Xtra Mart head shop
Posted by: Awesome! ()
Date: October 13, 2013 11:46AM

Thanks for the heads up!!! I'm on my way now!

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Re: Xtra Mart head shop
Posted by: Teach her a lesson ()
Date: October 13, 2013 12:30PM

Awesome! Wrote:
-------------------------------------------------------
> Thanks for the heads up!!! I'm on my way now!


Fine, I'll post your picture here for the cops to see.

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Re: Xtra Mart head shop
Posted by: douches ()
Date: October 13, 2013 01:13PM

oh come on, stop ruining all the fun for potheads. all that stuff can be sold because they advertise it as accessories for smoking tobacco. none of that stuff is illegal to own or possess until a controlled substance touches it and leaves residue behind. the BP across from Joe's Pizza and Pasta on lee highway in arlington sells the exact same stuff. and the BP that used to be in chesterbrook plaza at Kirby & Old Dominion did the same thing before the owner went back to whatever country he was from.

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Re: Xtra Mart head shop
Posted by: Greybeard ()
Date: October 13, 2013 08:18PM

Up in Rochester, NY, I noticed two stores a few doors from each other in a strip plaza:
- Glass Lab (https://www.facebook.com/GlassLabStore)
- Harvest Moon Hydroponics (http://hmoonhydro.com/)

Subtle. Real subtle.

And NO, this isn't directly relevant to Fairfax County. But it is relevant (sort of) to this thread. And it's funny.

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Re: Xtra Mart head shop
Posted by: Not relevant ()
Date: October 13, 2013 08:25PM

Greybeard Wrote:
-------------------------------------------------------
> Up in Rochester, NY, I noticed two stores a few
> doors from each other in a strip plaza:
> - Glass Lab
> (https://www.facebook.com/GlassLabStore)
> - Harvest Moon Hydroponics
> (http://hmoonhydro.com/)
>
> Subtle. Real subtle.
>
> And NO, this isn't directly relevant to Fairfax
> County. But it is relevant (sort of) to this
> thread. And it's funny.


Are they located across the street from an elementary school? Do they sell candy?

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Re: Xtra Mart head shop
Posted by: Smokey Jones ()
Date: October 13, 2013 08:29PM

Did they change the laws? I thought part of the reason Penguin Feather and to a lesser degree Kemp Mill Records closed was because they outlawed selling paraphenallia. I had a friend who was a big smoker and he used to go to Baltimore to buy bongs etc. Did they recently loosen up the laws? I know the tobacco store where I buy my cigs sells a variety of hookahs, but I haven't seen any straight up bongs there. (but I haven't really looked either)

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Re: Xtra Mart head shop
Posted by: DrHenryKillinger ()
Date: October 13, 2013 08:39PM

Not relevant Wrote:
-------------------------------------------------------
> Are they located across the street from an
> elementary school? Do they sell candy?

That's idiotic. A) The glass is useless without them having product and B) they have to be 18 to buy the glass.

Are you this outraged when you see a 7-11 across the street from an elementary school? I mean, they sell alcohol and candy. Or is it only the harmless glass that raises your ire?

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Re: Xtra Mart head shop
Posted by: dumb doctor ()
Date: October 13, 2013 08:48PM

DrHenryKillinger Wrote:
-------------------------------------------------------
> Not relevant Wrote:
> --------------------------------------------------
> -----
> > Are they located across the street from an
> > elementary school? Do they sell candy?
>
> That's idiotic. A) The glass is useless without
> them having product and B) they have to be 18 to
> buy the glass.
>
> Are you this outraged when you see a 7-11 across
> the street from an elementary school? I mean, they
> sell alcohol and candy. Or is it only the harmless
> glass that raises your ire?


Did you see the picture? They are metal bowls, not glass pipes (although they've had glass one hitters on the counter in the past), and in any case beer is legal and pipes as defined by VA law are not, regardless of whether they've been used. Selling them in a drug free zone ought to land the clerk and owner in some serious legal trouble.

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Re: Xtra Mart head shop
Posted by: DrHenryKillinger ()
Date: October 13, 2013 09:00PM

dumb doctor Wrote:
-------------------------------------------------------
> Did you see the picture? They are metal bowls, not
> glass pipes (although they've had glass one
> hitters on the counter in the past), and in any
> case beer is legal and pipes as defined by VA law
> are not, regardless of whether they've been used.
> Selling them in a drug free zone ought to land the
> clerk and owner in some serious legal trouble.

No, I didn't. The point is moot, however.

Do kindly point out where in Virginia law it says that you can't sell pipes. As long as they have a designation of tobacco pipes, and the seller has reasonable confidence it won't be used for illegal purposes, it's absolutely legal. And drug free school zone means just that: drugs, not pipes. Unless this store is within the legal limits of Fairfax county, they're not breaking any laws.

And my example that I provided about the alcohol wasn't to question legality, but to get your opinion which I have yet to see.

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Re: Xtra Mart head shop
Posted by: really stupid doctor ()
Date: October 13, 2013 09:13PM

DrHenryKillinger Wrote:
-------------------------------------------------------
> dumb doctor Wrote:
> --------------------------------------------------
> -----
> > Did you see the picture? They are metal bowls,
> not
> > glass pipes (although they've had glass one
> > hitters on the counter in the past), and in any
> > case beer is legal and pipes as defined by VA
> law
> > are not, regardless of whether they've been
> used.
> > Selling them in a drug free zone ought to land
> the
> > clerk and owner in some serious legal trouble.
>
> No, I didn't. The point is moot, however.
>
> Do kindly point out where in Virginia law it says
> that you can't sell pipes. As long as they have a
> designation of tobacco pipes, and the seller has
> reasonable confidence it won't be used for illegal
> purposes, it's absolutely legal. And drug free
> school zone means just that: drugs, not pipes.
> Unless this store is within the legal limits of
> Fairfax county, they're not breaking any laws.
>
> And my example that I provided about the alcohol
> wasn't to question legality, but to get your
> opinion which I have yet to see.


There's a head shop on every corner, except there's not, because all that crap is illegal. Drive to West Virginia or Baltimore, we don't want it here, and certainly not in a store that caters to young children.

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Re: Xtra Mart head shop
Posted by: Leagle Eagel. ()
Date: October 13, 2013 09:54PM

DrHenryKillinger Wrote:
-------------------------------------------------------
> Do kindly point out where in Virginia law it says
> that you can't sell pipes. As long as they have a
> designation of tobacco pipes, and the seller has
> reasonable confidence it won't be used for illegal
> purposes, it's absolutely legal. And drug free
> school zone means just that: drugs, not pipes.
> Unless this store is within the legal limits of
> Fairfax county, they're not breaking any laws.
>
> And my example that I provided about the alcohol
> wasn't to question legality, but to get your
> opinion which I have yet to see.

Drug paraphernalia is defined in Virginia § 18.2-265.1. http://leg1.state.va.us/000/cod/18.2-265.1.HTM The likeliest relevant section of the statute is section 12:
12. Objects intended for use or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

b. Water pipes;

c. Carburetion tubes and devices;

d. Smoking and carburetion masks;

e. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

f. Miniature cocaine spoons, and cocaine vials;

g. Chamber pipes;

h. Carburetor pipes;

i. Electric pipes;

j. Air-driven pipes;

k. Chillums;

l. Bongs;

m. Ice pipes or chillers.
There's a whole raft of factors that are to be considered whether or not an object is actually drug paraphernalia, which are listed in § 18.2-265.2. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-265.2
In determining whether an object is drug paraphernalia, the court may consider, in addition to all other relevant evidence, the following:

1. Constitutionally admissible statements by the accused concerning the use of the object;

2. The proximity of the object to marijuana or controlled substances, which proximity is actually known to the accused;

3. Instructions, oral or written, provided with the object concerning its use;

4. Descriptive materials accompanying the object which explain or depict its use;

5. National and local advertising within the actual knowledge of the accused concerning its use;

6. The manner in which the object is displayed for sale;

7. Whether the accused is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

8. Evidence of the ratio of sales of the objects defined in § 18.2-265.1 to the total sales of the business enterprise;

9. The existence and scope of legitimate uses for the object in the community;

10. Expert testimony concerning its use or the purpose for which it was designed;

11. Relevant evidence of the intent of the accused to deliver it to persons who he knows, or should reasonably know, intend to use the object with an illegal drug. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this article shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
So, for example, a fine Meerschaum pipe in a tobacconist's shop would likely not be considered drug paraphernalia, while a small metal pipe sold at a gas station likely would.

If the FCPD is having a slow day, they'll likely go ahead and get a warrant and seize the paraphernalia at the Braddock Road Convenience Store at 4133 Braddock Road, Alexandria, Virginia, 22312, unless the manager gets hip to the fact that there's a bust coming and disposes of it.

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Re: Xtra Mart head shop
Posted by: yes yes yes ()
Date: October 13, 2013 10:00PM

I'd go one step further and have a minor wearing a shirt with a pot leaf on it make a controlled buy, then bust them.

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Re: Xtra Mart head shop
Posted by: DrHenryKillinger ()
Date: October 13, 2013 10:32PM

really stupid doctor Wrote:
-------------------------------------------------------
> There's a head shop on every corner, except
> there's not, because all that crap is illegal.
> Drive to West Virginia or Baltimore, we don't want
> it here, and certainly not in a store that caters
> to young children.

Gas stations cater to young children? Didn't know that. Perhaps we should scrub alcohol and cigarette sales from said stores too, due to there being children on this planet. If you're against the idea of selling pipes for that reason, I'd say your biased against marijuana consumption if you don't agree. It's quite hypocritical to say that selling pipes in a store where there's candy is wrong, but selling beer and cigarettes with it is a-okay.

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Re: Xtra Mart head shop
Posted by: doctor dum dum ()
Date: October 13, 2013 11:10PM

Convenience stores with 80% of their inventory consisting of candy, sodas, chips, and ice cream treats cater to children, particularly when they are located across the street from a school.

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Re: Xtra Mart head shop
Posted by: good news ()
Date: October 14, 2013 11:00AM

Looks like this place will be cleaned up in the next week or so, I'll post an update when it happens.

Are there any other local "shops" that should be handled at the same time?

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Re: Xtra Mart head shop
Posted by: police there now ()
Date: July 26, 2014 09:37PM

Something sure got the cops attention and I don't think it was the pipes.

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Re: Xtra Mart head shop
Posted by: Dav ()
Date: July 26, 2014 10:36PM

I live kind of back behind the Xtra Mart and earlier the police made a couple of trips up and down the street spotlighting houses and their yards. Then the helicopter made a few passes. Seems quiet now

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Re: Xtra Mart head shop
Posted by: lbc ()
Date: July 27, 2014 09:47PM

Saw that yesterday too. Wonder what was going on.

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Re: Xtra Mart head shop
Posted by: teach them a lesson ()
Date: July 28, 2014 08:52PM

Third robbery by knife at the two local discount gas stations in a month. You'd think that the perp would have a bullet in his head by now. I mean, it's a fucking knife, I'd have at least beat his ass unconscious with a bat. I'm sure that this guy will smarten up and stop robbing gas stations after this, kick his habit too.

Serves this discount gas guys right, sell drug paraphernalia and you get robbed by druggies.

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