PITTSBURGH Judge sentences Tommy Chong to prison in paraphernalia case

DEA agents bought his paraphernalia and shipped it to Beaver Falls.
PITTSBURGH (AP) -- Tommy Chong, who played one half of the dope-smoking duo in Cheech and Chong movies, asked for leniency from a judge Thursday for conspiring to sell drug paraphernalia -- saying he kicked his drug problem by taking up salsa dancing -- but was sentenced to nine months in prison.
Chong's attorneys argued for no jail time, saying Chong would use his celebrity as a role model against drugs and would dedicate his life to public service.
Chong, 65, apologized to the court and his family, saying he "got carried away" with his movie character, "but I'm back to who I really am." He admitted once having "a drug problem with marijuana" but said he beat it by redirecting his energy to salsa dancing.
"It's a Latin American dance that's awesome," Chong told U.S. District Judge Arthur J. Schwab before the judge imposed the sentence, which also included a $20,000 fine.
Working with young people
Chong said he's been working with youth through two organizations, teaching filmmaking and speaking out against drug use.
When they "saw that I was not the character that I played in the movies, they were surprised. Some were disappointed," Chong said.
"I played a loser for laughs," Chong said, adding he wouldn't -- and couldn't -- make a movie like "Up in Smoke" today. The 1978 cannabis comedy follows characters played by Chong and Cheech Marin as they search for marijuana while being pursued by inept cops.
But Assistant U.S. Attorney Mary Houghton said Chong grew wealthy glamorizing drug use and trivializing law enforcement in his films, noting the movies are available. Chong called his movies nonviolent and lighthearted and said he has fans in law enforcement.
Houghton said Chong used the persona to promote his catalog and Internet business.
Raid by agents
Chong admitted that his business, which operated as Chong Glass and employed 25 glass blowers, sold some 7,500 bongs and pipes until Feb. 14, when federal drug agents raided his California home and business. Authorities also seized about one pound of marijuana.
U.S. Attorney Mary Beth Buchanan said the marijuana would be turned over to Los Angeles police, but that she believed it's unlikely Chong would be prosecuted for it based on the outcome of the federal case.
Chong's attorneys said the business, now defunct, never turned a profit. Houghton said that's because federal investigators stepped in.
"Tommy Chong used his celebrity status to promote his business by appearing at head shops," she said. "It was his money and his persona that were necessary for this business."
Richard G. Hirsch, one of Chong's attorneys, urged Schwab not to punish Chong for his films. "The government is asking you to blur the distinction between reality and satire," he said.
Chong's attorneys said Chong has already been punished -- the case cost him a recurring role on Fox's "That '70s Show" and a planned reunion movie with Marin.
No comment
Chong said nothing after his sentencing. Michael Nasatir, another Chong attorney, said he was disappointed Schwab sentenced him to jail time. He said no decision has been made whether to appeal.
Schwab's sentence was in the middle range of federal sentencing guidelines, which called for six months to one year in prison. The maximum possible punishment is three years in prison.
Along with the fine, Chong will forfeit more than $103,000 and agreed not to profit from his case. He'll also be on probation for a year after his release. The business, though defunct, was also placed on probation for three years and its Internet domain name must be relinquished to federal authorities, along with any remaining paraphernalia.
Chong was allowed to remain free until federal prison officials tell him in a few weeks where he must report to prison. He pleaded guilty May 13 to conspiring to sell drug paraphernalia and pleaded guilty on behalf of his business.
The plea came after federal Drug Enforcement Administration agents purchased his paraphernalia and had them shipped to an undercover business in Beaver Falls, a city northwest of Pittsburgh. Agents also confiscated his company's paraphernalia during raids of "head shops" in numerous states and confiscated "thousands of marijuana bongs and pipes" in a raid of his Gardena, Calif., business.
The raid was part of a series of raids in February by the Drug Enforcement Administration in which at least 55 people were charged with trafficking in illegal drug paraphernalia. Federal officials said the investigation targeted the nation's biggest Internet distributors of paraphernalia.