Thread: Agents Seize 316,000 Bongs Disguised as Christmas Ornaments

Originally Posted by JohnDoe2

Originally Posted by redpony353

Originally Posted by JohnDoe2

Customs Agents Seize 316,000 Bongs Disguised as Christmas Ornaments

Where will Santa get gifts for all of the stoners now?

Shame on Santa. Chinese bongs. That's what he gets for not buying American.

Manufacture, transportation, sales and possession of drug paraphernalia is illegal.
That's why Santa can't make them here.

They are not illegal though. I went and checked. I already figured they were legal since all over San Francisco all the smoke shops sell them. They even display them in the front window. It is only classified as drug paraphanalia if an illegal substance or residue of such is found in them. Otherwise they are just a glass pipe.

Originally Posted by redpony353

OK. I just went and looke it up. Bongs are not illegal to buy or sell...or own. It is only if you use them to smoke something that is illegal. The illegal residue then re-classifys the pipe. But a clean bong? Not illegal. So...my question is.....why did they seize them? Why are they wasting time seizing something that is not illegal? FGS....this is one example why we have problems at the border.

If they weren't illegal to import they wouldn't have been disguised as ornaments, Customs wouldn't be looking for them and they couldn't have seized them.

From th U.S. Department of Justice

Drug Paraphernalia Factsheet

Under the Federal Drug Paraphernalia Statute, which is part of the Controlled Substances Act, it is illegal to possess, sell, transport, import, ...

www.justice.gov/dea/concern/paraphernaliafact.html

Originally Posted by JohnDoe2

Originally Posted by redpony353

OK. I just went and looke it up. Bongs are not illegal to buy or sell...or own. It is only if you use them to smoke something that is illegal. The illegal residue then re-classifys the pipe. But a clean bong? Not illegal. So...my question is.....why did they seize them? Why are they wasting time seizing something that is not illegal? FGS....this is one example why we have problems at the border.

If they weren't illegal to import they wouldn't have been disguised as ornaments, Customs wouldn't be looking for them and they couldn't have seized them.

I know...it makes no sense at all. It would seem if they seized them that they are illegal. But they are not. Smoke shops always sell them. Not just bongs but other pipes as well. And then there are those head type shops that dont sell tobacco, but they sell only pipes and posters....incense...like that. There are tons of those stores here in SF and around the Bay Area cities. And some of these stores have been there like 20 years. How would they be doing this if it were illegal? I dont get it. Was there something in the bongs? Or maybe they just cant be imported? But I know it has always been true that a glass pipe is just a glass pipe until it is used for something illegal. Maybe they found residue in them? I dont know. I agree with you....if they are not illegal why seize them....but I dont think they are illegal.

From the D.E.A.

Drug Paraphernalia

Tools of the Illegal Drug Trade

What is drug paraphernalia?

Drug paraphernalia is any legitimate equipment, product, or material that is modified for making, using, or concealing illegal drugs such as cocaine, heroin, marijuana, and methamphetamine. Drug paraphernalia generally falls into two categories:


User-specific products

Dealer-specific products

User-specific products are marketed to drug users to assist them in taking or concealing illegal drugs. These products include certain pipes, smoking masks, bongs, cocaine freebase kits, marijuana grow kits, roach clips, and items such as hollowed out cosmetic cases or fake pagers used to conceal illegal drugs.

Dealer-specific products are used by drug traffickers for preparing illegal drugs for distribution at the street level. Items such as scales, vials, and baggies fall into this category. Drug paraphernalia does not include any items traditionally used with tobacco, like pipes and rolling papers.

What the law says

Under the Federal Drug Paraphernalia Statute, which is part of the Controlled Substances Act, it is illegal to possess, sell, transport, import, or export drug paraphernalia as defined. The law gives specific guidance on determining what constitutes drug paraphernalia. Many states have also enacted their own laws prohibiting drug paraphernalia.

Drug Paraphernalia Sales

With the rise of the drug culture in the United States in the 1960s and 1970s, the country began to see the appearance of “head shops,â€

Originally Posted by JohnDoe2

From th U.S. Department of Justice

Drug Paraphernalia Factsheet

Under the Federal Drug Paraphernalia Statute, which is part of the Controlled Substances Act, it is illegal to possess, sell, transport, import, ...

www.justice.gov/dea/concern/paraphernaliafact.html

Except for the following section it would be automatically illegal. But it is not automatically illegal. Of course no one....and I mean no one..buys a bong to use for tobacco. But if someone is caught with a bong, and there is no illegal residue, can it be proved that the intended use was illegal? So when it comes to the bongs that were seized, if the instructions that come with the bongs say they are for tobacco use, then they are legal because it cant be proven that they would use them any other way. And tobacco shops sell these all the time.....they say for use with tobacco....lol. OK...I dont believe that one....but a pipe is just a pipe. They would have to outlaw every kind of pipe...because any pipe could be used to smoke illegal substances.

"(e) 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;

(2) descriptive materials accompanying the item which explain or depict its use;

(3) national and local advertising concerning its use;

(4) the manner in which the item is displayed for sale;

(5) 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;

(6) direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise;

(7) the existence and scope of legitimate uses of the item in the community; and

() expert testimony concerning its use.

(f) 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

(2) 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"

We need to legalize/regulate/tax the illegal drug trade, run it as a legitimate regulated monitored enterprise and re-assign all customs and DEA agents now wasting their time seizing 316,000 colorful Christmas "bongs" to seizing illegal aliens and distributing them back to their home countries, so US citizens can get their jobs back and buy some Christmas presents for their kids in our country.

User-specific products are marketed to drug users to assist them in taking or concealing illegal drugs. These products include certain pipes, smoking masks, bongs, cocaine freebase kits, marijuana grow kits, roach clips, and items such as hollowed out cosmetic cases or fake pagers used to conceal illegal drugs.

Dealer-specific products are used by drug traffickers for preparing illegal drugs for distribution at the street level. Items such as scales, vials, and baggies fall into this category. Drug paraphernalia does not include any items traditionally used with tobacco, like pipes and rolling papers.

What the law says

Under the Federal Drug Paraphernalia Statute, which is part of the Controlled Substances Act, it is illegal to possess, sell, transport, import, or export drug paraphernalia as defined. The law gives specific guidance on determining what constitutes drug paraphernalia.

Many states have also enacted their own laws prohibiting drug paraphernalia.

http://www.justice.gov/dea/concern/para ... afact.html

Originally Posted by JohnDoe2

User-specific products are marketed to drug users to assist them in taking or concealing illegal drugs. These products include certain pipes, smoking masks, bongs, cocaine freebase kits, marijuana grow kits, roach clips, and items such as hollowed out cosmetic cases or fake pagers used to conceal illegal drugs.

Dealer-specific products are used by drug traffickers for preparing illegal drugs for distribution at the street level. Items such as scales, vials, and baggies fall into this category. Drug paraphernalia does not include any items traditionally used with tobacco, like pipes and rolling papers.

What the law says

Under the Federal Drug Paraphernalia Statute, which is part of the Controlled Substances Act, it is illegal to possess, sell, transport, import, or export drug paraphernalia as defined. The law gives specific guidance on determining what constitutes drug paraphernalia.

Many states have also enacted their own laws prohibiting drug paraphernalia.

http://www.justice.gov/dea/concern/para ... afact.html

Yea, but a bong is just a glass pipe. It it not automatically drug paraphanelia. It could also be used for tobacco, though I dont think anyone does that. It is not drug paraphanelia until it is used for that purpose, which transforms its classification. Originally glass pipes were designed for use with tobacco. So bongs per se are not illegal unless you use them for illegal drugs. However, I have just been told that only those who also deal in tobacco are allowed to sell them. So now that makes sense. Maybe the people who were importing this particular shipment dont fit into that category. I do know that there must be 100 stores in the the city of San Francisco alone that sell them openly. They even display them in the front window. Market street is lined end to end with these shops. So the pipes in and of themselves are not considered drug paraphanelia automatically.

If there wasn't a violation of the law they couldn't have seized them.