Opening an Online Smoke Shop - Legal Issues?

I am planning on selling glass tobacco pipes and water pipes online. I bought a domain and set up a nice shop, and I am working on getting the inventory from my wholesaler.

Anyways, I am wondering what exactly I need to do to ensure everything I do is 100% legal. I know it's legal to sell these items you just have to be specific with what you say.

Does anyone have any experience, or can point me in the right direction?

 

You will need a bunch of terms of use and such policies, stating that people must be legal in their given countries to buy them, and if they break the law, they consent that they are not at fault, and such. Very similar to porn sites, and how they do that with people under 18 or w/e.

 

Are you in the USA? I think its pretty hard if you are but that's just what I hear... I know of us based shops that sell glass, didn't JBD get shut down a bit ago? You heard about the Tainted raid right?

 

If you're in the US you will not be legal.

 

That's what I always heard, I remember hearing the owners in smoke shops saying something about not being able to sell glass online and that it was a huge issue...

I know most online smoke shops are based overseas and not in the US.

 

I guess you could also have problems with delivery and restrictions placed by couriers.

 

Care to explain this? Everything I found online says it's legal to sell the products for tobacco use only.

If I have a "Must be 18 to Enter" page with all the legal mumbo jumbo will that put me in the clear?

What if I host my site in Amsterdam, but sell from my house in the US?

 

Any teen under 18 can simply get a credit card and buy anything from your store, so that is not considered legal if your in the US.

 

That is why I would put a "18 to Enter" page when you go to my site, so they would have to agree that it is legal to purchase these products where they live and that they are old enough.

 

So can anyone provide any actual legal documents to support this?

I found this page, from the DEA website. http://www.usdoj.gov/dea/pubs/csa/863.htm#d

According to it, they consider almost everything "drug paraphenillia" but at the bottom it has exceptions and says "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."

So it is legal to sell glass tobacco pipes, since they are traditionally used for tobacco, right?

If it was illegal, why would they allow stores across the country, and shops online to sell these products?

 

#1 Do a search for Operation Pipe Dream. They are ILLEGAL
#2 With a user name such as yours and a 'Marijuana Discussion Forum' even 'if' you tried to claim it was only for tobacco, and even 'if' that would fly which it would not, they would have more than enough proof that you are in fact selling them for something else.

Glass is also not 'traditionally' used for tobacco.

It is open and shut, pretty much everything besides corn cob, meerschaum, traditional wood pipes are in fact illegal.

 

What does my name have anything to do with it?

Glass is traditionally used for tobacco, this is just common sense.

If it's illegal like you say it is, how are their thousands of shops online and locally?

The DEA website even says it's legal to sell these, how can you still say it's illegal?

 

420

No it is not.

There are not 'thousands' of shops online in the US, did you even bother to look up the operation I listed?

The few that are in the US and are currently open are people like you who do not look into the facts, they will be ok until the feds do the next round of busts. Your argument is so flimsy, it's like saying there are thousands of child porn sites online so it must be legal, there are steroids being sold online so they must be legal.

It is federal law that you have to worry about, when in state normally you do not have to worry about federal law in such cases. When you transport a crossed state lines you open yourself up to federal laws.

The DEA website DOES NOT state it's legal to sell glass pipes.

 

If your in the usa you can't this is how tommy chong got arrested, From my understanding it is illegal for someone to buy it from another state that it is sold in.

 

MY argument is flimsy? You have yet to provide anything that backs up your side of the story. Anything sold for the traditional use of tobacco (i.e glass pipes and water pipes) can be legally sold in the US according to the DEA website, so you're telling me the website is wrong?

I looked up operation pipe dream, it happened years ago, plus most of the shops that were busted were going against what was considering drug paraphernalia, selling "bongs" not water-pipes, that is old news.

And your comment about Child Porn and Steroids is completely irrelevant, selling glass pipes for use with tobacco is 100% legal, child porn is 100% illegal.

The main smoke shop I go to has been open since 1998, if it was "illegal" to sell what he sells, how would he still be in business?

Unless your provide some facts, how do you expect me to believe you?

 

I have gone to an actual attorney who deals in these matters.

Glass pipes are NOT traditionally viewed as 'tobacco' pipes, I suggest you look into the actual law. I have had this discussion so many times it's simply not even funny that people like you think it's legal 'yet' they ask, so obviously you must not know for sure, but don't go to an attorney.

'years ago' yes just like steroid busts happen, and then they wait a few years for the next round, that does NOT make it legal.

It was more than 'bongs' versus 'water pipes', much, much more.

Glass pipes are NOT legal on a federal level, what do you not get about that? Look up the actual federal statute FFS.

Are you mentally slow?
When you ship a crossed state lines you open yourself up to federal statues that in most cases you would not have.

You have stated no fact, other than you thinking that glass is traditionally used for tobacco. I'll give you a hint, the feds and DEA DO NOT think the same as you.

 

So tell me GRIM, if federal law says glass pipes are illegal, how to so many shops sell them? You have yet to answer that question.

Everything I can find online says it's 100% legal to sell these items as long as the person is 18+ and intends is sold for tobacco use, even the DEA website says that.

There are many online smoke shops based out of the US as well, how are those sites still in operation if it's illegal?

The DEA Title 21 Section 863 clearly says "This Section Shall Not Apply To: 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."

 

Actually I have answered it multiple times, it is you who refuses to see it.

Yet again, as simple as possible.
#1 most sites online are NOT in the US
#2 the few that are simply have not gone down from the next round up.
#3 those doing business in state DO NOT open themselves to the federal statute as they are NOT doing business a crossed state lines.

You are not looking very hard, everything from the DEA I have ever read will state glass pipes are illegal. Your reading of 'traditional' is bogus as the DEA looks at corn cob pipes, meerschaum, wood pipes in the traditional tobacco pipe design as 'traditional' NOT glass.

http://www.usdoj.gov/dea/pubs/csa/863.htm#d

Why don't you look at the statute for starters.

You will see for instance water pipe listed in addition to 'bong' it is not simply a matter of saying 'water pipe' over bong, that is usually a state level idea..

 

Yes 'traditionally' do you think you decide what is 'traditionally?' traditionally yet again is the old style your grandpa used.



I am NOT against glass pipes, I however have yet a FUCKING gain actually talked to an attorney about this, something you obviously have not done.