Legal Question in Business Law in California

Is it legal to sell water tobacco pipes?

Is it legal to sell water tobacco pipes(bongs) online, or in person? I want to have a business selling these items, but I am not sure the laws that are connecting with it. I know that under the health and safety code Section 11364.5, Allows paraphernalia sale if you keep the product in a room excluded from persons under the age of 18, and a sign is posted saying that drug paraphernalia is kept in there and you have to be 18 to enter. Does this mean that you can sell in person, but you can't ship to other states? Should I just open a local shop, and not distribute online? Is it legal in CA, but is against federal law?

Thanks,

Jon


Asked on 4/22/06, 4:37 pm

2 Answers from Attorneys
Timothy J. Walton Internet Attorney

Re: Is it legal to sell water tobacco pipes?

I would add to Mr. Whipple's answer only that other states may very well be able to show jurisdiction, particularly if you are accepting economic advantage from the state, and with increasind likelihood with the more products you ship to that state...

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Answered on 4/24/06, 1:38 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Is it legal to sell water tobacco pipes?

You need to read all of H&SC 11364.5, and then think about whether the D.A. could convince the judge that you were knowingly dealing in drug paraphernalia. Posting signs and keeping out minors is only a small part of what separates a legit operation from illegal dealing. And since you would be dealing into states other than California, you should probably also read the Federal version of the Drug Paraphernalia law, at 21 U.S.C. 863. And maybe the state laws of the states you'll be selling into, although they may not be able to exercise jurisdiction.

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Answered on 4/22/06, 9:07 pm


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