I am from Tennessee. I am looking into selling glass art. There are many establishments that sell similar or identical items, seemingly without a problem. I know the federal law reads:
The law for Paraphernalia are different in each state and some have repealed laws. As well as individual state laws; there are federal laws governing the use, possession and sale of Paraphernalia:
Federal Law; Office of Diversion Control
Section 863. Drug Paraphernalia
(a) In general
It is unlawful for any person --
(1) to sell or offer for sale drug paraphernalia;
(2) to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or
(3) to import or export drug paraphernalia.
(b) Penalties
Anyone convicted of an offense under subsection (a) of this section shall be imprisoned for not more than three years and fined under Title 18.
(c) Seizure and forfeiture
Any drug paraphernalia involved in any violation of subsection (a) of this section shall be subject to seizure and forfeiture upon the conviction of a person for such violation. Any such paraphernalia shall be delivered to the Administrator of General Services, General Services Administration, who may order such paraphernalia destroyed or may authorize its use for law enforcement or educational purposes by Federal, State, or local authorities.
(d) "Drug Paraphernalia" defined
The term "drug paraphernalia" means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this subchapter. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, hashish oil, PCP, methamphetamine, or amphetamines into the human body, such as --
(1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2) water pipes;
(3) carburetion tubes and devices;
(4) smoking and carburetion masks;
(5) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
(6) miniature spoons with level capacities of one-tenth cubic centimeter or less;
(7) chamber pipes;
(8) carburetor pipes;
(9) electric pipes;
(10) air-driven pipes;
(11) chillums;
(12) bongs;
(13) ice pipes or chillers;
(14) wired cigarette papers; or
(15) cocaine freebase kits.
(e) Matters considered in determination of what constitutes drug paraphernalia;
In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:
(1) instructions, oral or written, provided with the item concerning its use;
(2) descriptive materials accompanying the item which explain or depict its use;
(3) national and local advertising concerning its use;
(4) the manner in which the item is displayed for sale;
(5) whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(6) direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise;
(7) the existence and scope of legitimate uses of the item in the community; and
(8) expert testimony concerning its use.
(f) Exemptions
This section shall not apply to --
(1) any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items; or
(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.
Now, if my disclaimer reads:
This website complies with U.S. Title 21, Chapter 13, Subchapter I, Section 863, Part F and does not sell pipes or any other products that are considered drug paraphernalia by United States Law.
STATE LAW STRICTLY PROHIBITS THE SALE OF TOBACCO OR SMOKING PARAPHERNALIA TO PERSONS LESS THAN EIGHTEEN (18) YEARS OF AGE. PROOF OF AGE MAY BE REQUIRED.
To enter site, you must agree to adhere to all applicable local and federal laws while on this site. Orders wherein local and/or federal law may prohibit items, order will not be shipped and a full refund will be issued. By clicking "I Agree", you hereby declare you are over the age of 18 (21 in some states). All items are, in the normal lawful course of business, and are 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. By viewing you signify your acceptance of these terms of service. It is your sole responsibilty to know your state and local laws regarding the possesion and use of tobacco pipes and accessories. Mac's Cards Coins & Collectibles is not responsibleIf you are under the age of 18 (21 in some states) or do not agree with the above, DO NOT ENTER.
Will this protect me from frivolous charges of paraphernalia?
The law for Paraphernalia are different in each state and some have repealed laws. As well as individual state laws; there are federal laws governing the use, possession and sale of Paraphernalia:
Federal Law; Office of Diversion Control
Section 863. Drug Paraphernalia
(a) In general
It is unlawful for any person --
(1) to sell or offer for sale drug paraphernalia;
(2) to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or
(3) to import or export drug paraphernalia.
(b) Penalties
Anyone convicted of an offense under subsection (a) of this section shall be imprisoned for not more than three years and fined under Title 18.
(c) Seizure and forfeiture
Any drug paraphernalia involved in any violation of subsection (a) of this section shall be subject to seizure and forfeiture upon the conviction of a person for such violation. Any such paraphernalia shall be delivered to the Administrator of General Services, General Services Administration, who may order such paraphernalia destroyed or may authorize its use for law enforcement or educational purposes by Federal, State, or local authorities.
(d) "Drug Paraphernalia" defined
The term "drug paraphernalia" means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this subchapter. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, hashish oil, PCP, methamphetamine, or amphetamines into the human body, such as --
(1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2) water pipes;
(3) carburetion tubes and devices;
(4) smoking and carburetion masks;
(5) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
(6) miniature spoons with level capacities of one-tenth cubic centimeter or less;
(7) chamber pipes;
(8) carburetor pipes;
(9) electric pipes;
(10) air-driven pipes;
(11) chillums;
(12) bongs;
(13) ice pipes or chillers;
(14) wired cigarette papers; or
(15) cocaine freebase kits.
(e) Matters considered in determination of what constitutes drug paraphernalia;
In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:
(1) instructions, oral or written, provided with the item concerning its use;
(2) descriptive materials accompanying the item which explain or depict its use;
(3) national and local advertising concerning its use;
(4) the manner in which the item is displayed for sale;
(5) whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(6) direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise;
(7) the existence and scope of legitimate uses of the item in the community; and
(8) expert testimony concerning its use.
(f) Exemptions
This section shall not apply to --
(1) any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items; or
(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.
Now, if my disclaimer reads:
This website complies with U.S. Title 21, Chapter 13, Subchapter I, Section 863, Part F and does not sell pipes or any other products that are considered drug paraphernalia by United States Law.
STATE LAW STRICTLY PROHIBITS THE SALE OF TOBACCO OR SMOKING PARAPHERNALIA TO PERSONS LESS THAN EIGHTEEN (18) YEARS OF AGE. PROOF OF AGE MAY BE REQUIRED.
To enter site, you must agree to adhere to all applicable local and federal laws while on this site. Orders wherein local and/or federal law may prohibit items, order will not be shipped and a full refund will be issued. By clicking "I Agree", you hereby declare you are over the age of 18 (21 in some states). All items are, in the normal lawful course of business, and are 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. By viewing you signify your acceptance of these terms of service. It is your sole responsibilty to know your state and local laws regarding the possesion and use of tobacco pipes and accessories. Mac's Cards Coins & Collectibles is not responsibleIf you are under the age of 18 (21 in some states) or do not agree with the above, DO NOT ENTER.
Will this protect me from frivolous charges of paraphernalia?
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