I own a tobacco accessory shop and want to branch out with a website online and start shipping my glass tobacco pipes and accessories out to the other states that allow them. How would I go about that legally? Im NOT selling paraphernalia so i dont want to go down for it
Lawsuit / Dispute Attorney
Because you will be shipping over state borders, the law of each state to which you ship, plus federal law is implicated. You need to sit down with an attorney and obtain detailed evaluation and analysis based upon your specific business plan.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
3 lawyers agree
Family Law Attorney
What Mr. Gold said. Please review the Wikipedia links below regarding "U.S. v. Tommy Chong", and the links in that article to "Operation Headhunter", and "Operation Pipe Dreams".
While things probably aren't as bad in the Obama-era Justice Department as they were under GW Bush in 2003 under the guidance of drug war hawks like Mary Beth Buchanan, we aren't out of the woods yet either so that you can't be sure that some mail order from a red state somewhere isn't a set up.
If the pipes are truly for tobacco and not certain illegal substances (not just marketed that way), then you'll probably be OK. But it's going to be hard to convince some redneck prosecutor somewhere that there's a legal use for a "bong".
Perhaps you could limit mail order sales to the 14 states where medical or recreational marijuana is available. That might comprise a large part of your market anyway. You can review which states allow marijuana on the National Conference of State Legislatures (NCSL) website linked below.
This business has several pitfalls as it is well regulated. I strongly recommend to hire a counsel for further guidance.
Attorney Advertising. The information given above is intended to provide general information only and not legal advice and does not create an attorney-client relationship.