Legal Question in Criminal Law in Wisconsin

Drug paraphernalia questionability

Hello. I enjoy smoking various legal herbs and mixes such as mullein, mugwort, skullcap, and etc. To the best of my knowledge these herbs are completely legal to possess in any quantity, to sell, to grow, and to use. I am considering growing more herbs to sell to friends so they can smoke them as well. How can I make sure that my pipes, digital scale, and other items useful to me for this purpose aren't taken as marijuana paraphernalia and confiscated/used to get me in legal trouble? I am not an illegal drug dealer.

Thank you very much.


Asked on 7/08/08, 1:27 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Legal Herbal Paraphernalia--Proving Not Used for Illegal Drugs

You need to retain an attorney to research the laws of your state and municipality and advise you on these issues. Laws vary greatly from location to location and it is therefore impossible to answer your question without knowing more about you and doing this research. I would also have your attorney check to see how local law enforcement drug field tests perform with your herbs. If they yield false positive test results indicating illegal drugs are present, you could up spending some time in jail while all of this is being sorted out. I would recommend that you consult with a respected chemist and/or toxicologist in your locality and have him ready to provide you with certification that he has run more detailed tests on your herbs (or can do so on short notice). This would generally mean someone who is either an M.D. or local hospital staff or a professor at a major public university. Another caution: Laws constantly change, and an herb which is legal today could end up being illegal tomorrow (for example, salvia, described further at http://en.wikipedia.org/wiki/Salvia_divinorum, has been banned in some jurisdictions as a dangerous drug). Additionally, some states have laws against use of "counterfeit substances" intended to resemble or mimic controlled substances. You need to be particularly mindful of these laws. Good luck!

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Answered on 7/08/08, 5:08 pm


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