Drug Paraphernalia laws in the US

[Alfa]

Federal Definition of Drug Paraphernalia (1999)
TITLE 21-FOOD AND DRUGS
DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE

[U.S. Code]
[Title 21, Sec 863]
[Release Date: Aug 6, 2004]

Drug Paraphernalia - Sec. 863

1. 
   In general
   It is unlawful for any person
   1. to sell or offer for sale drug paraphernalia;
      to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or
      to import or export drug paraphernalia.
   
   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.
   
   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.
   
   ''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 marijuana, (FOOTNOTE 1) cocaine, hashish, hashish oil, PCP, 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;
      water pipes
      carburetion tubes and devices
      smoking and carburetion masks
      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
      miniature spoons with level capacities of one-tenth cubic centimeter or less
      chamber pipes
      carburetor pipes
      electric pipes
      air-driven pipes
      chillums
      bongs
      ice pipes or chillers
      wired cigarette papers; or
      cocaine freebase kits
   
   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
      descriptive materials accompanying the item which explain or depict its use
      national and local advertising concerning its use
      the manner in which the item is displayed for sale
      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
      direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise
      the existence and scope of legitimate uses of the item in the community; and
      expert testimony concerning its use
   
   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
      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

(FOOTNOTE 1) So in original. Probably should be ''marihuana,''.

[Alfa]

WASHINGTON STATE PARAPHERNALIA LAWS

from CHAPTER 69.50 UNIFORM CONTROLLED SUBSTANCES ACT

RCW 69.50.412 Prohibited acts: E--Penalties.

(1) It is unlawful for any person to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. Any person who violates this subsection is guilty of a misdemeanor.

(2) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. Any person who violates this subsection is guilty of a misdemeanor.

(3) Any person eighteen years of age or over who violates subsection (2) of this section by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his junior is guilty of a gross misdemeanor.

(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor. [1981 c 48 2.]

NOTES:
Severability--1981 c 48: See note following RCW 69.50.102.

RCW 69.50.102 Drug paraphernalia--Definitions.

1. As used in this chapter, "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. It includes, but is not limited to:
   1. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
      Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
      Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
      Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances;
      Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
      Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances;
      Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana;
      Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
      Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
      Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
      Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
      Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil 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;
         Water pipes;
         Carburetion tubes and devices;
         Smoking and carburetion masks;
         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;
         Miniature cocaine spoons, and cocaine vials;
         Chamber pipes;
         Carburetor pipes;
         Electric pipes;
         Air-driven pipes;
         Chillums;
         Bongs; and
         Ice pipes or chillers.
   In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the following:
   1. Statements by an owner or by anyone in control of the object concerning its use;
      Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
      The proximity of the object, in time and space, to a direct violation of this chapter;
      The proximity of the object to controlled substances;
      The existence of any residue of controlled substances on the object;
      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 this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended or designed for use as drug paraphernalia;
      Instructions, oral or written, provided with the object concerning its use;
      Descriptive materials accompanying the object which explain or depict its use;
      National and local advertising concerning its use;
      The manner in which the object is displayed for sale;
      Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
      Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
      The existence and scope of legitimate uses for the object in the community; and
      Expert testimony concerning its use. [1981 c 48 1.]
   NOTES:
   Severability--1981 c 48: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 48 4.]

[Alfa]

Supreme court decision: http://supct.law.cornell.edu/supct/html/92-903.ZS.html

[pokergod0588]

SWIM was about to order a pipe and a few snorting tubes from europe online and was wondering about customs....do they x-ray every package? what if the package is seized andSWIM goes to pick it up at the post office? canSWIM get in trouble or will they jus take it?

[jdude]

They don’t search or x-ray all packages. If the search yours
they could seize it, or they could bust you. It is illegal to import drug paraphernalia.

US Customs:

Drug Paraphernalia

It is illegal to bring drug paraphernalia into the United States unless they have been prescribed for authentic medical conditions such as diabetes. CBP will seize any illegal drug paraphernalia. Law prohibits the importation, exportation, manufacture, sale, or transportation of drug paraphernalia. If you are convicted of any of these offenses, you will be
subject to fines and imprisonment.

http://www.customs.gov/xp/cgov/trave...gParaphernalia

[polloloco001]

it think depends. bongs and a lot of weed items are not drug
paraphernalia because they are for tobacco use. i cant think of exactly
what they could prove beyond a reasonable doubt is paraphernalia
specifically for using illegal drugs.

[unico_walker]

They'll likely just seize it and send you a love letter, they don't get
hot and bothered unless there is some operation going on or its a
schedule 1.



No guarantees though.

[amd6568]

Don't buy things offline from another country and have it be transported to another! Just buy a pipe from a site that transports across the US or go to a head shop or something. Not worth the risk!

[Muirner]

You can order any glass pipe, bong, bowl, vaporizor,because those are used for "tobacco use" that is how it is legal to sell them in head shops, and other such places. That is their intended use. Also if you buy a bowl in some forgein country, you can bring it back as long as it is clean with no illegal residue on it


Muirner

[Alfa]

PARAPHERNALIA LAWS REQUIRE LINK TO DRUGS


Delaware's drug paraphernalia law lists dozens of items, from pipes and small spoons used to ingest drugs to containers used to store drugs, that are illegal -- as long as authorities can prove they are intended for drug use. In most cases, that means a merchant or user must say the items are drug-related, or police must find drugs near the items or drug residue in them to consider them "drug paraphernalia."


The proof-of-intent component makes it particularly hard to prosecute merchants who sell drug paraphernalia -- from operators of marijuana-oriented "head shops" that sell pipes and bongs to corner stores that sell makeshift crack pipes and baggies for drug distribution. That is why most paraphernalia charges are filed against users caught with drugs as well as paraphernalia, state Attorney General's Office spokeswoman Lori Sitler said.


Targeting dealers


Capt. Chip Simpson, commander of the Delaware State Police special investigations division, which includes the drug unit, said troopers spend most of their time going after dealers who have cocaine and heroin -- not just the equipment to use it.Advertisement


"Any enforcement we do of paraphernalia [laws] is complaint-driven,"


he said. "If we receive citizens' complaints about a store, we'll investigate it, but it's not something we actively seek out."


Some kind of link to drugs is needed to trigger a paraphernalia arrest. For example, having a scale displayed near pipes might help authorities prove a merchant's intent to sell the items to drug dealers, Simpson said. Selling a pipe decorated with a marijuana leaf also could help, indicating the pipe is intended for smoking marijuana rather than legal tobacco.


Too many bags


When Wilmington police raided Quisqueya Deli Grocery in July, the sheer volume of small bags they found helped police decide the merchants weren't selling the bags to coin collectors or craftsmen who store beads for necklaces. Ultimately, the owner of that shop was placed in a one-year first-time offender program.


The operators of an alleged head shop that was raided in Dover earlier in the year were charged under the federal paraphernalia law after they also were charged with being part of a marijuana distribution ring. Without the pot-dealing charges, the government would have not had a paraphernalia case, state police Lt. Bruce Von Goerres said.


Colm F. Connolly, U.S. Attorney for Delaware, said the Dover case, which is yet to be decided, is the first time the federal paraphernalia charge has been used in this state. Police agencies throughout the state have been told that federal prosecutors would like to see it used more often.


Leaving a trail


The FBI thinks that following the trail of suspected drug paraphernalia can lead to arrests of drug-gang members. A 2003 FBI report used an example of an operation in and around Baltimore that busted 80 drug dealers and got 30 stores closed by monitoring a link between sales of items that can be used as paraphernalia and drug trafficking.


Most local authorities, however, think that no amount of paraphernalia enforcement is going to stop people from smoking crack or pot. Beverage cans, for example, are used to smoke pot and crack.


The can is emptied, then several small holes are pierced in the concave bottom, which holds the drug. The can is held upside down, then the drugs are lit and inhaled through the mouthhole.


"Back when I was a public defender, when crack first came out, people were smoking crack out of a Bic pen," Widener University Law Professor Jules Epstein said.


Von Goerres said he painstakingly tries to make paraphernalia charges stick, sometimes even sending the most rudimentary of homemade pipes to the state Medical Examiner's Office for analysis.


"If it comes back positive for marijuana or cocaine, it's paraphernalia," he said. "If it comes back negative, it's just a Coke can with a bunch of holes punched in it."

[OneOfMany]

Lovely...so another way for them to add on time for basically a single crime. "Oh! You used the door to get in and steal those TVs? We'll have to charge you with 'theftatory access' charges too!"

When will people realize "some people just wanna get high" (Interstate 60) and try to make a safe way for them to do so?

[blaze808]

swim isnt really sure if things like "tobacco water pipes" are considered to be drug parephenelia and illegal in the u.s.,, swim tried to search dea website for this info but there was only very vague info about it. are ordering things like "tobacco waterpipes" over the internet illegal for those living in the u.s. swim honestly does not know anything about this and is thankful for the help

[Police Officer]

http://www.moga.mo.gov/statutes/C100-199/1950000233.HTM

You can have a crack pipe, as long as its not used for smoking crack, and has no crack residue.

[N0ly]

itls legal as long as nothing illegal goes into it. once you put weed in a water pipe it becomes a bong therefore illegal and classified as paraphenelia

[Micklemouse]

Does this not vary from State to State?

[Alfa]

I've merged 4 threads. Also see this thread: THIS IS YOUR GOVERNMENT ON DRUGS

[N0ly]

it really doesnt vary that much there may be a few states that have completly different laws but generaly its the same in most places.

[Bajeda]

Swim found this extremely annoying when he tried to send his hookah to the US from the Middle-East. It can be classified as paraphenalia even when it is a distinct cultural item unquestionably used solely for the purpose of smoking specially prepared tobacco in its cultural context.

The USPS can be nazis sometimes! Luckily for swim though the people at airport customs either don't care about it or didn't recognize it so everything was cool.

[Police Officer]

The laws vary from state to state, but theyre all basically the same.