• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Do I need a tobacco license to sell glass pipes in Louisiana?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

deblil

Junior Member
I want to sell glass pipes at my local flea market.

Do I need to get a tobacco license?

I emailed the Louisiana ATF but they wouldn't give me a clear answer.
 


TheGeekess

Keeper of the Kraken
I want to sell glass pipes at my local flea market.

Do I need to get a tobacco license?

I emailed the Louisiana ATF but they wouldn't give me a clear answer.
I don't know ANYBODY that smokes tobacco out of a glass pipe.
https://bulk.resource.org/courts.gov/c/F2/681/681.F2d.378.80-3854.html

Louisiana Revised Statutes 40:1022 - Determination of drug paraphernalia
Louisiana Laws > Revised Statutes > Title 40 > Chapter 4 > Part X-B > § 40:1022 - Determination of drug paraphernalia

Current as of: 2009
Check for updates

In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other legally relevant factors, the following:

(1) Statements by an owner or by anyone in control of the object concerning its use.

(2) The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Dangerous Substances Law.

(3) The proximity of the object to controlled substances.

(4) The existence of any residue of controlled substances on the object.

(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows or should reasonably know intend to use the object to facilitate a violation of the Uniform Controlled Dangerous Substances Law; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the Uniform Controlled Dangerous Substances Law shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.

(6) Instructions, oral or written, provided with the object concerning its use.

(7) Descriptive materials accompanying the object which explain or depict its use.

(8) National and local advertising concerning its use.

(9) The manner in which the object is displayed for sale.

(10) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.


(11) The existence and scope of legitimate use for the object in the community.

(12) Expert testimony concerning its use.

Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006.
http://www.lawserver.com/law/state/louisiana/la-laws/louisiana_revised_statutes_40-1022
 

deblil

Junior Member
So basically have a sign that says "for legal use only".

Do not mention anything illegal and refuse to sell the customer a pipe if they say anything illegal.

...and I don't need a tobacco license because I'm not selling tobacco products if I'm only selling glass pipes?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top