The issue of traveling with what is legally termed drug paraphernalia across state lines is considered to be illegal according to federal law. The legality of these items is in question even in the case of mailing them or when you offer to sell or buy them, if they are proven to be used for illicit drugs. So, if that’s the case, how do shops get away with distributing and selling them?
The answer is in the intention of the store to sell them for a certain purpose. We mentioned earlier that these accessories are illegal if someone can prove that they are used for illegal drugs such as marijuana. However, no one said anything about them being illegal for smoking legal drugs like tobacco. Yes, stores make this disclaimer all the time to protect themselves: “Intended for tobacco use only!”
If you intend to carry a pipe or some other accessory across state lines, you have to make sure that it won’t trigger any alarms or cause any suspicion. Whether you’re flying or driving, a 100% clean pipe that you can prove is used only for tobacco will usually be permitted. This is not true for stores that carry liquor accessories new and still in packaging.
However, if the item is known to be used primarily in relation to marijuana, if the officers in charge of the checkup find marijuana on you or on the pipe (even in minute amounts) or if there’s any possible doubt as to your claim, you might face misdemeanor charges (or even felony charges, depending on the state and the specific circumstances) and of course, you’ll also get your pipe confiscated.
First Posted here: Is It Legal to Bring Smoking Accessories Across State Lines?
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