Laws regarding drug paraphernalia

[smokeshoplounge]

I am looking for all federal, state, and local laws about Drug Paraphernalia.

I sell LEGAL Herbal Products and many items to utilize the herbal products, such as pipes, grinders, oil pipes, rolling papers, dried plants, energy powder, etc....
Legal Herbal products are starting to get back into the mainstream, because people are realizing that they can participate in legal herbal smoking!!

I have already called the local authorities to come into the store and test the herbal products, I've put up signs "For Legal Herbal Product Uses Only", and anyone who enters store MUST BE 18 and show their ID. No "drug paraphernalia slang" is allowed.

However, if the customer says "I want a bong for my legal herbal smokes", am I doing anything illegal by allowing the customer to purchase the so-called "bong"? The word "bong" is defined as "drug paraphernalia", but only because the word BONG was used instead of WATERPIPE.

But..... I just don't understand how WORDS make the ITEM ILLEGAL. Doesn't that take away our right to Freedom of Speech??? We should be allowed to use whatever slang we choose to, and the slang words we use should NOT be automatically considered "drug paraphernalia"... because it's just a WORD!!
It CANNOT be ASSUMED that any item will be used for illegal substances, because NO ONE except the CUSTOMER himself knows what he is actually intending on using the item for!!
Unless, I'm qualified as a Illinois State Psychic/Mind Reader....lol

So what, if in the past, everyone only used illegal substances with the pipes and accessories?? Now, theres finally an ALTERNATIVE to illegal drugs!!

That's like saying "I want to buy a automatic gun." So the store owner sells him the gun, and then the customer KILLS someone with that gun.... Is the store owner responsible for NOT KNOWING what the customer's Intentions were? Obviously, guns are used for two things: TO PROTECT YOURSELF (LEGAL USE) and TO KILL SOMEONE (ILLEGAL USE).

Or if someone buys a PEPSI SODA CAN and drinks it all, then uses it as a SMOKING PIPE? Again, there is legal uses and illegal uses with that soda can.

So..... If the pipes have a LEGAL USE (Legal Herbal Products) and an ILLEGAL USE (illegal substances), I see no reason that ANY glass pipes, water pipes, grinders, etc should be considered "drug paraphernalia" EVEN IF SLANG WORDS ARE USED, when the items are INTENDED FOR LEGAL HERBAL PRODUCTS ONLY and there are signs that say that.

Basically, I want to abide by all laws and I'm sure there are some that I don't currently know of. When I'm trying to abide by all the laws, they sure are hard to find!!! I even called the Local Police to find out the laws, and they weren't helpful at all. But police sure seem to KNOW the laws when they arrest you! Ironic...

Any help would be greatly appreciated.
I want to be prepared for a battle, if it should ever come.What is the name of your state?

 

[gawm]

Since you invested all this money in a business, don't you think it would be wise to spend some time with a local attorney who can answer questions, about your concerns, a little bit more accurately than an Internet forum?

 

[fairisfair]

Since you invested all this money in a business, don't you think it would be wise to spend some time with a local attorney who can answer questions, about your concerns, a little bit more accurately than an Internet forum?

and miss all the fun???

OP when and where were you arrested for using the word bong? Oh that's right NEVER

 

[gawm]

I just don't understand how WORDS make the ITEM ILLEGAL

Words don't make them illegal. It's usually the drug resin in them that makes them illegal.
Also intent has something to do with it. If an officer finds an unused pipe and ask what it is, and someone says "that's for my weed", that also might make it illegal. Finally the last thing I can think of that might make it illegal is possessing some kind of illegal drug with your "herb pipe"

 

[smokeshoplounge]

in reply to comments...

GAWM.... Here's the thing.... We started the business with only $400 last April and a few fleamarket items.... We sacraficed alot in the last year to make this business work. I'd say we had $35,000 in sales the first year, all from $400 bucks!! But that's still not enough money, because half of it is profit and most of the profit goes towards re-stocking and paying the rent/utilities/insurance. We just don't have the extra funds for a lawyer right now, hence the reason why I came to this forum. It's called free advice, right? And that's what I'm asking for.

As for bongs, the words do make them illegal. They've sent "undercovers" into headshops to try to purchase the items using words such as "bongs, chillums, hitters..." and if the shops sell to them when they use those words, thats when they items become "drug paraphernalia". Then the shops get fined $1,000's of dollars and many items get confiscated, whether or not there is "resin" in them.

I'm just saying that words shouldn't make items illegal. But they do, and it's happened before to other shops. I still think that's taking away our right to Freedom of Speech.

Any lawyers out there willing to post on this thread and shed some knowledge?

 

[Caveman]

Ahemp, Ahemp Sorry a little dry mouth here.. aren't ya ganga tell me you do UPS? what is the S&H?


I think I might get my appetite back!!!

 

[gawm]

OP, you never mentioned your state, so it would be hard for anyone here to give you accurate advice. Call your state bar, they may have a program set up where you can talk to an attorney for a reduce fee. They have one here in AZ, it's $35 for a half hour. I used it twice and both times the attorney chatted with me for over an hour at no extra charge.

If you really want to make it simple, just don't sell to anyone who uses those words. Your customers should be smart enough to figure it out.

 

[smokeshoplounge]

Illinois...

Sorry, my state is Illinois. I don't sell to anyone who uses those words, but that does not make it simple. There is plenty more to the law than just "using the wrong words".
You keep telling me to talk to a lawyer, but I'd still like to receive some free advice (as advertised on this website) from someone who is experienced with this area of the law.

 

[xylene]

I will say do NOT call NORML for legal advice / support.

They are just looking to use any politically related case to further the 'cause'

Your just going to have to be careful until Attorney General Alberto "WORSE THAN ASHCROFT" Gonzalez gets the boot.

If thats at the end of W's term or 10 days from now... I don't know.

Keep on truckin.

And do get a lawyer - don't be pennywise pound foolish....

 

[Bretagne]

OK, so in Illinois, it appears that the laws you need to be concerned with are the Drug Paraphernalia Control Act. Here's the part of the act you need to be most concerned with:

600/3. Sale or delivery; penalty; public nuisance
§ 3. (a) Any person who keeps for sale, offers for sale, sells, or delivers for any commercial consideration any item of drug paraphernalia commits a Class 4 felony for which a minimum fine of $1,000 for each such item shall be imposed. Any person 18 years of age or older who sells or delivers for any commercial consideration any item of drug paraphernalia to a person under 18 years of age is guilty of a Class 3 felony.
(b) Any person who sells or delivers for a commercial consideration any item of drug paraphernalia to a woman he knows to be pregnant is guilty of a Class 2 felony.
(c) Any store, place, or premises from which or in which any item of drug paraphernalia is kept for sale, offered for sale, sold, or delivered for any commercial consideration is declared to be a public nuisance.


The State's Attorney of the county in which such a nuisance is located may commence an action in the circuit court, in the name of the People of the State of Illinois, to abate the public nuisance as described in this subsection (c).

Upon being satisfied by affidavits or other sworn evidence that an alleged public nuisance exists, the court may, without bond, enter a temporary restraining order to enjoin any defendant from maintaining the nuisance and may, without bond, enter a preliminary injunction restraining any defendant from removing or interfering with any property used in connection with the public nuisance.

If during the proceedings and hearings upon the merits the existence of the nuisance is established, and it is established that the nuisance was maintained with the intentional, knowing or reckless permission of the owner, or an agent of the owner managing the premises, the court shall enter an order restraining all persons from maintaining or permitting the nuisance and from using the premises for a period of one year thereafter. However an owner, lessee, or other occupant thereof may use the premises if the owner gives bond with sufficient security or surety, in an amount between $5,000 and $10,000 approved by the court, payable to the People of the State of Illinois. The bond shall include a condition that no offense specified in this Act shall be committed at, in, or upon the property described, and a condition that the principal obligor and surety assume responsibility for any fine, costs, or damages incurred by any person resulting from such an offense.

I briefly looked at People v. Feld, which appears to be good law that will support your position. The important things to remember are:

If you intend to market these products to be used with illicit drugs, then you are guilty of violating the Drug Paraphernalia Control Act. In order to be convicted, the State must prove beyond a reasonable doubt that you are marketing paraphernalia with the intent that said para be used to ingest illicit substances.

State, which presented a series of police officers and forensic experts, as well as tobacco dealer, to testify that "Dugout boxes" were used to ingest drugs and not tobacco and that small wooden pipes were associated with illegal drug use, failed to demonstrate that production manager and general manager of manufacturer had "intent to market" drug paraphernalia, and thus, evidence was insufficient to support convictions of violating Drug Paraphernalia Control Act; no evidence indicated that managers had ownership interest in manufacturer. People v. Feld, App. 2 Dist.1994, 204 Ill.Dec. 494, 267 Ill.App.3d 56, 641 N.E.2d 924. Controlled Substances 89

Phrase "marketed for" in Drug Paraphernalia Control Act requires showing that defendants intended to market the product for use with illicit drugs. People v. Feld, App. 2 Dist.1994, 204 Ill.Dec. 494, 267 Ill.App.3d 56, 641 N.E.2d 924. Controlled Substances 42

 

[averad]

What happened to Chong and his bongs?

 

[xylene]

What happened to Chong and his bongs?

He was convicted for the importation of the contraband, and for (foolishly) promoting the products for marijuana use.

Also very strict interpretations of drug paraphinalia are the rule in the Bush's DOJ.

to paraphrase. "Calling a bong a vase does not make it not drug paraphanalia."

 

[gawm]

OK, so in Illinois, it appears that the laws you need to be concerned with are the Drug Paraphernalia Control Act. Here's the part of the act you need to be most concerned with:


I briefly looked at People v. Feld, which appears to be good law that will support your position. The important things to remember are:

If you intend to market these products to be used with illicit drugs, then you are guilty of violating the Drug Paraphernalia Control Act. In order to be convicted, the State must prove beyond a reasonable doubt that you are marketing paraphernalia with the intent that said para be used to ingest illicit substances.

Excellent advice. I think the OP should give you a deep discount on a "tobacco bong".

 

[Bretagne]

gawm: Excellent advice. I think the OP should give you a deep discount on a "tobacco bong".

I smoke Marlboro Lights typically...is that similar to the OP's "legal herbal products"? Is tobacco an herb? If so, I'll totally take a discount b/c Minnesota is taxing us smokers like crazy.