Legal issues regarding pipes

Legal Pipes

Part I (Research)

First, you must know the law, and here it is:

HYPERLINK http://www.dea.gov/pubs/csa/863.htm" http://www.dea.gov/pubs/csa/863.htm

Key words and phrases in the law:

- Water pipes

- Carburetion tubes and devices

- Carburetor pipes

- Chillums

- Bongs

- 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

-… In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors

- The existence and scope of legitimate uses of the item in the community

- Expert testimony concerning its use

The key phrase in the law is LEGITIMATE USES. A true tobacco pipe has a “legitimate use”, while the average glass pipe… as defined by the law vs. information in the books mentioned below… do not fall into the category of “legitimate use”.

“In addition to all other logically relevant factors” and “expert testimony concerning its use” are 2 very important phrases. Don’t use “hippie logic”, and don’t consider yourself an expert on what is / is not paraphernalia. Who will a jury believe… a law enforcement official who deals with this stuff every day, or some guy named “Turtle” that’s trying to save his ass from going to prison? That’s logical.

Part II

1-Define tobacco pipe: a)-What are the key properties of a tobacco pipe? b)-What makes a pipe desirable for tobacco use? c)-In what manner and context are tobacco pipes displayed for sale?

2-Define drug paraphernalia: -Paraphernalia is defined by federal law (see above), and be sure to pay close attention to the key words and phrases.

3-Analyze the differences: a)-How does a glass pipe differ from a true tobacco pipe? b)-How does a true tobacco pipe differ from the average glass pipe?

4-Merge the differences: a)-How can I apply this information to create a legitimate tobacco pipe out of glass?

Let’s examine this point by point:

1)-The key properties of a tobacco pipe are:

a) The size of the bowl. Look at any tobacco pipe- the bowl is large in diameter, and very deep. They are designed to hold a substantial amount of tobacco in order to keep it burning for a long time. *There is a contest (since the early 1700’s) which is considered “the world’s slowest race”, in which pipe smokers pack a bowl and start smoking. The person who keeps it burning the longest is the winner. The record holder smoked one bowl for almost 3-1/2 hours, using only 2 wooden matches.

b) The material that is used to construct the pipe. Pipes are made primarily of briarwood or meerschaum. These materials are porous which allows the smoke to cool at an even rate. Since pipe tobacco is very moist, the porous material allows for absorption. Meerschaum (a mineral harvested in Turkey) pipes will turn from white to golden / amber after extended use from absorption of moisture and tobacco “juice” that soaks from the inside to the outside.

c) Tobacco pipes are displayed and sold by licensed dealers (tobacconists), pipe conventions, and mainstream retail outlets… not at a hemp festival with a rifle case full of spoons and one-hitters.

• Note- While a mainstream outlet (such as Wal-Mart) will sell pipes, alligator clips, postage scales, razor blades, mirrors, straws, etc., they are located in different / unrelated departments… not on the same shelf along side items such as urine test kits and marijuana related publications, shirts, and stickers. This is how law enforcement defines the “the manner in which the item is displayed for sale” (context).

2)-Analyze the differences:

a) Glass pipes have carburetors… not found on any legitimate tobacco pipe. They also have relatively small bowls… often funnel shaped… which is not conducive to tobacco smoking.

b) Overall size: Tobacco pipes are relatively large by design. Many glass pipes (spoons and one-hitters in particular) are designed to be easily concealed.

c) Tobacco pipes are made with the adult buyer in mind. You won’t see cartoon characters on a briar, meerschaum, or any other traditional pipe.

d) Due to the moisture produced with tobacco, smaller, thinner stems are used to prevent “bite”. “Bite” is when the liquid drips into your mouth and gives you an unpleasant taste that even brushing your teeth won’t get rid of. Most glass pipes have stems that are 10 to 50 times larger than what is acceptable to any tobacco smoker.

3)-Merge the differences:

a) First and foremost, no carburetor.

b) Large bowl, which is traditionally accepted as a proper size for tobacco use.

c) Larger size of the overall piece- (i.e. - not designed for concealment)

c) No water pipes / bubblers (except for hookahs… they are legal)

4)-Finding new markets: Tobacco sucks when smoked from a pot pipe, and pot sucks when smoked from a tobacco pipe. Put “a” and “b” together, and you might find the need for new outlets for your work.

So what markets can I pursue by creating a “legitimate” tobacco pipe?

a) Contemporary examples of existing styles of tobacco pipes (tobacconist shops, pipe shows, tobacco conventions, pipe collector web sites) �

• • • this information was taken from a post on the gldg. i take no responsibility for the information included. it's been posted here to provide one viewpoint of the issue.