hello, my question involves marijuana.   i was wondering if anyone can
tell me the laws for PARAPHERNALIA LAWS.  i want to start a waterpipe
business.  ive been told it is illegal to sell paraphernalia across
state border becuase that goes against federal law.  if anyone can
give me a website of an answer to my question.  thank you

Hi specialboy,

Federal laws regarding paraphernalia entry page:

Drug Paraphernalia
http://www.usdoj.gov/dea/concern/paraphernaliafact.html

Actual federal law regarding drug paraphernalia:

TITLE 21 - FOOD AND DRUGS - CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
http://www.usdoj.gov/dea/pubs/csa.html#863

Your specific city and state might also have laws in addition to these.

I hope this helps you.  If you have questions about my answer, please
use the "request for clarification" feature before rating my answer.

Good luck to you...

~~Cynthia

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Request for Answer Clarification by specialboy-ga on 27 Jun 2004 19:16 PDT

thank you very much, but just one question.  i read the dea website
about drug paraphernalia, i dont understand this:


(2) any item that, in the normal lawful course of business, is
imported, exported, transported, or sold through the mail or by any
other means, and traditionally intended for use with tobacco products,
including any pipe, paper, or accessory.
http://www.usdoj.gov/dea/pubs/csa/863.htm#f

does this mean if i have a "waterpipe" and live in colorado but sell
it to someone in florida, am i breaking the law.  i feel the except
above says im not, but ive been told that it is illegal.  thank you
very much
ben hoffman

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Clarification of Answer by cynthia-ga on 08 Jul 2004 15:49 PDT

specialboy,

I am not qualified to interpret the passage you are asking about.  I
suggest calling an attorney in your area and getting a free 1/2 hour
consultation to get this specific question answered.  Your city,
county, and/or state may have additional laws concerning this question
as well.  An attorney that is familiar with your area, and drug laws,
would be able to interpret this passage for you.

I can tell you as a layperson, that "waterpipes" are not used in the
normal course of "tobacco smoking" ...

~~Cynthia

I looked into this myself a little ways back. If you remember Chong
from "cheech and Chong" fame..well he is sitting in prison right now
due to his hand in a "paraphernalia" online retail business. A new law
was passed about a year ago saying something along the lines that
using state highways (chong was the perfect semi- celebrity to make an
example of literally being arested almost the day the law went into
action)...i.e. through the mail or personnally delivering such items
was a crime. Hence why you cant do this through an online business
which is what I was looking to do. Its trafficing such items across
state borders. Unless local laws say you cant sell these items you
should be fine as long as you stick to your intentional words like
water pipe and tobacco pipe and do it locally. I also remember there
being somethng about glass pieces specifically because of the obvious
intent for a non legal use. Just my 2 cents I hope this helped some
what.

I am not from the US, but be very careful what you do if in the US.
They like to change there laws regularly and one month you may be ok,
with the next month your store being raided like some low live crack
house. Losing all your hard work, earnings, investments and landing
your self in jail for some ridiculously long term.

I have friends in the US who run online 420 related websites. Alot of
his advertising clients have since dissapeared as the US did raids on
these stores over the last few years closing many down. He says its
very risky business... at this time.  I would suggest selling Vacums..
LOL  (just kidding)..

I find it sad that a country that claims to be the best in the world
and FREE.. is very far from it.


I found this site.. related.. Not sure if it has your answers but they
seem to have alot of info about Marijuana.

http://www.thecannabisplant.com/