Legal Question in Business Law in California
Is selling glass tobacco pipes online legal?
Hello, Is selling glass tobacco pipes online legal if i have a business license, and tobacco license
Also if i buy Hookahs and Vaporizers from other countries do i need a Manufacturer/Importer Tobacco Products License
1 Answer from Attorneys
Re: Is selling glass tobacco pipes online legal?
All the stuff you're describing is probably gonna come under Health & Safety Code section 11364's prohibition against possession of drug paraphernalia. The fact that you have a tobacco license is one small step in the direction of proving that it is NOT drug paraphernalia, but most of the other factors including the likely testimony of the narcotics officer at your trial would support a conviction for violation of 11364. If you can sell the stuff without coming into actual possession that might help, but even drop-shipping from overseas might be held to put you in constructive possession.
I can't give you a 100%-I'm-sure answer one way or another, but I'd bet on the D.A. rather than the Public Defender in this one.
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