Legal Question in Business Law in New Jersey

Selling drug paraphernalia online illegal or not?

I live in Jersey. I decided to sign up with a webhost and buy a domain name and start building a site about marijuana. I signed up with Amazon as an associate. My idea is to put an online shop on my site with affiliate links to merchandise you ''could'' use for setting up a grow room. I noticed however that a lot of sites have grow information but no equipment for sale. So I started looking up paraphernalia laws. According to my interpretation of the law I would not actually be selling paraphernalia. And I state in my disclaimer before you enter my site that anything linked to from my site is not designed to carry out the function of drug paraphernalia, that I do not have a store, that I do not carry an inventory and that by clicking on an item for sale they will be redirected to a legitimate business selling legitimate merchandise not in anyway advertised or intended to be used as paraphernalia. At least according to the federal law from the DEA site this is what I have interpreted. I'm trying to find out what I can and cannot do on the ''INTERNET'' in regard to drug laws and who has jurisdiction over what I do? And if there are any State laws NJ could or would come after me for violating.


Asked on 3/04/06, 10:50 am

1 Answer from Attorneys
Edward Fronczkiewicz, Jr. Miksch and Fronczkiewicz

Re: Selling drug paraphernalia online illegal or not?

My advice would be to find a new idea!!!!

Over the last several years, the Office of the US Attorney General has been running a nationwide campaign, "Operation Pipe Dreams", with the goal of shutting down Internet paraphernalia sites.

Just because you will not actually selling the bongs and grow lights doesn't mean you won't face any penalties and won't get caught up in the net. Remember Tommy Chong? He did 9 months for selling "Art" bongs on the Net.

Regards.

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Answered on 3/05/06, 7:52 pm


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