A state district court judge on Friday declined to order the return of some 12,000 smoking pipes to the owner of Blaze Smoke Shop.

The issue of whether the pipes are drug paraphernalia is to be determined at trial, not before, Judge Ron Ware said.

Glen Vamvoras, an attorney for store owner Yossi Galimidi, asked Ware to order the return of the items, which he said were worth about $300,000.

Authorities raided Blaze Smoke Shop on Ryan Street, as well as Up In Smoke, a Moss Bluff store. A total of 12,113 glass smoking pipes were seized from Blaze, as were brownie mixes, hideaways, synthetic urine and THC testing kits, according to court documents.

“Whether these items are paraphernalia or not, the state must prove that at trial,” Ware said. “If I find they’re not paraphernalia, then does that deprive the state from prosecuting the paraphernalia charge? We’re not going to do that twice.”

Ware told the defense that if they believed the items were seized without probable cause or through an “overbroad” search and seizure, or for any other reason, a separate motion may be filed. Vamvoras said he planned to do so by the end of Friday.

Fellow defense attorney Michael Antoon argued that because it was a Fourth Amendment search-and-seizure issue, it should be resolved both before and during trial.

Galimidi, 36, was charged with one felony count of conducting a transaction involving proceeds of drug crimes and nine misdemeanors — seven counts of supplying products to falsify drug screens, distribution of drug paraphernalia and possession of drug paraphernalia with intent to distribute.

The state can’t possibly use all the pipes as evidence in Galimidi’s trial, Vamvoras argued. Prosecutor Brett Gaspard said the state didn’t intend to present them all, but that “the items were all seized as evidence of these crimes.”

Furthermore, he said, if Galimidi is found guilty, the pipes will be considered contraband. If Galimidi isn’t found guilty, though, the pipes will eventually be returned to him, Vamvoras said.

In the meantime, Galimidi’s business is affected, he said. “This is this man’s livelihood, and they’re treating it like an item of evidence,” Vamvoras argued.

Galimidi had a trial date set for Jan. 20, but it was moved up to Nov. 17.

The pipes are not in and of themselves drug paraphernalia, Vamvoras said. Blaze had signs that said “tobacco use only” and signs that instructed shoppers that if they discussed drug use, they would be asked to leave, he said.

“Until its use and intended use is determined on a case-by-case basis, it’s only an item,” Vamvoras said.