Drug Paraphernalia Seizures and Exclusions

A DEA statute prohibits the importation of any products that may constitute “drug-paraphernalia.” Specifically, U.S. Code Title 21 Section 863, makes it “unlawful for any person 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.”

According to the Department of Justice, the term “drug paraphernalia” refers to any equipment that may be used to produce, conceal, and consume illicit drugs. This includes but is not limited to items such as bongs, roach clips, miniature spoons, and various types of pipes. The government recognizes that drug paraphernalia may be concealed by misleading disclaimers indicating that the product is intended to be used only with tobacco products, and therefore, considers a host of other factors and circumstances, such as the manner in which items are displayed for sale, descriptive materials or instructions accompanying the items, and the type of business selling the items.

As a result, we have seen expansive and cases where enforcement has been questionable and required an attorney to dispute the government’s overbroad seizure actions.

A statutory exemption within the statute provides for consideration of local, state, and/or federal authorizations of the manufacture, possession, or distribution of merchandise meeting the federal definition of “drug paraphernalia.” Many importers assert that the provision should exempt marajuana products where state laws have legalized its use. The legal interpretation of this provision has been disputed by the federal government and is still subject to litigation.

Curated News:

March, 2003: DOJ: Fast Facts pamphlet on Drug Paraphernalia enforcement.