Bringing glass pipes through US customs?

theWorldWithin

theWorldWithin

Bluelighter
Joined
Oct 22, 2005
Messages
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Maybe this has been covered before but I was unable to find a thread with the search funtion. I feel this topic would be better address in the cannabis forum rather than legal Q&A but mods if you disagree then I apologize in advance.

I will be flying to the United States from Japan fairly soon and wanted to know if it is legal to bring a glass pipe, water pipe, slide/stem, etc... through US Customs. Should I declare these items as usual, will I have and delays or dificulty in passing customs with these items?

Is it legal to mail these items back the the United States? If so does anyone think that would be a safer option?
 
ok provided that you have never smoked bud out of the pieces there is absolutely nothing illegal about bringing them into the us

if you have...well you better clean them PERFECTLY...otherwise it could most definately be considered paraphanelia

it might be better not to declare the piece because if a customs officer sees that you declared a pipe he might search everything/question you about bringing in any illicit substances.

as far as mailing is concerned...it's not worth it because of how long it might take to get to you and the cost of sending it in the first place...again if the piece is new, there isn't anything illegal about it...who says you aren't going to smoke tobacco out of it
 
i think this will be better answered in Legal..

Please only discuss the legal matters regarding unused pieces. If it's been used, it's probably best to leave it
 
oh, and i'd recommend mailing it.. no need to call any attention to yourself at the airport imo
 
why bring it? there are lots of tobacco stores that sell glass pipes in the US, unless you are bringing an expensive bong...but glass pipes are pretty cheap you can get a nice 5 inch one for about $30
 
Thanks alot for all the info everyone. Solidly-here, very good point about the pissed off inspector. I really do not need any government employees trying to penetrate me over a piece of glass...

In that case I will just go with the mail route. Does anyone think there will be any issue with my privacy at my residence if customs finds the pipe in the mail?

By the way, the reason I want to bring glass back with me is two fold. First my state does not have head shops so its extremely difficult to obtain anything at all let alone someting of substantial quality. Secondly I think it would make an absolutely awsome souveneer from Japan (way better than the usual lame ass kimono or plastic sword most people bring home).
 
Paraphenalia is a special class of items. If you have one in order to smoke anything in the world except Pot, it is a legal item; if it's used (or will be) for Pot, then it is illegal.
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That's not quite the proper test.

The question is whether there is 1) an intent to use the pipe for an illegal substance; 2) knowledge that it will be used for an illegal substance; or 3) it's designed to be used for an illegal substance.

And these factors can be inferred very easily. At the very least, you can always be charged for it.

Bottom line: You should assume paraphernalia is illegal.

PS - I'm a criminal defense attorney.
 
Solidly-here said:
I know a couple people who have ordered Drugs which are Illegal in the USA. Nothing happened (except they didn't get them). And Daniel (a persistent fellow) just turned around and re-ordered from the same vendor; his second shipment came in just fine.
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People do illegal things all the time; some get caught, some don't.

If someone wants to know if something is legal, it's irrelevant that your friend didn't get caught.

And if someone wants to know the likelihood of getting caught, it's not a good idea to infer that from a small, unrepresentative sample.
 
I've brought unused glass ware and unprescribed unscheduled meds and syringes through US customs... I even got the little notice that my one bag was searched once (new homeland security policy) and they left everything be (some glass and some syringes). I wouldn't worry too much, so long as what you're bringing in is damned clean. And I know people who've brought grams of meth and e pills on planes and never had any problems...but better safe then sorry...

I doubt they care about glass pipes because it has to be proved as paraphernalia in court, and that's a pain in the ass... Any pipe could be used for tobacco too.
 
You will be fine as long as it's not used. As one other person said if you use it, clean it like it's new.

I go to Amsterdam every year, in fact just came back last week. I always take back a pipe and bong every single time. I never declare it, just keep it in my carry on luggage. I have been searched a few times, but once they see it's not used they let it go. This last time I was searched and the securty officer said nice pipe and sent me on my way. I am in the US
 
Hmm, this is getting more and more complicated. At this point I am wondering if I should simply fly with it and declare it at customs, ask them if it is legal to bring it into the country, and in the event it is not just accept that it will get confiscated. If I go this route and openly declare the pipe which turns out to be illegal I wonder if I can be charged with anything or if the open declaration clearly shows I had no intent to import illegal goods?
 
I talked to a customs representative on the phone yesterday. I described the pipe and he clearly understood that it will be a pipe that is "similar to those that people use to smoke cannabis with" and he asked if it was like a "water pipe". I said yes and the representative told me he sees no real problem with me bringing it into the country and that I should just declar it as normal. Ultimately though the decision is up to the customs agent whom I declare with.

I will probably just declare it.
 
Sorry, the sword is tastless, will you settle for a few grams of methylone? ;)





Just kidding, that would be nuts to try and get through customs.
 
OK, here's my unvarnished advice: Forget about the legalities (even though it seems clearly illegal to me). Bottom line -- It's a stupid idea.

I agree that chances are, nothing will happen to you. But if they decide to fuck with you, the consequences could be serious.

Stop and think about it: The mere likelihood of something happening is not the only basis for making a decision.

Suppose I pay you $100 to put a single bullet in a revolver, spin the barrel, and pull the trigger with the gun pointed at your head. Chances are, the gun won't fire. Does that make it worth $100 to you?

Now, the consequences here aren't as dramatic as death. But what's the payoff -- you get to keep a glass pipe. For this, you want to take the chance of getting fucked with by Customs?

And frankly, nobody knows what the chances are that they decide to fuck with you.
 
BTW, here's the leading Supreme Court case that interprets the federal laws prohibiting paraphernalia:

Posters 'n' Things v. United States

Section 857 requires proof of scienter. Section 857(d) - which, among other things, defines "drug paraphernalia" as any equipment "primarily intended or designed for use" with illegal drugs - does not serve as the basis for a subjective intent requirement on the part of the defendant, but merely establishes objective standards for determining what constitutes drug paraphernalia: the "designed for use" element refers to the manufacturer's design, while the "primarily intended . . . for use" standard refers generally to an item's likely use. However, neither this conclusion nor the absence of the word "knowingly" in 857(d)'s text means that Congress intended to dispense entirely with a scienter requirement. Rather, 857(a)(1) is properly construed under this Court's decisions as requiring the Government to prove that the defendant knowingly made use of an interstate conveyance as part of a scheme to sell items that he knew were likely to be used with Page II illegal drugs. It need not prove specific knowledge that the items are "drug paraphernalia" within the statute's meaning.
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I quoted this above, off the top of my head: To summarize, the question is whether 1) the item is intended for or designed to be used with illegal drugs; and 2) you know it's likely to be used with illegal drugs.

I think I said "or" above instead of "and". Like I said, I was quoting it off the top of my head.
 
Solidly-here said:
This is going to work out like I said above:
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I don't think the world is as predictable as you seem to think it is.

My advice (as an actual criminal defense attorney) is that the original poster should consider the possibility that you may be wrong. I wish you would too.
 
mahanatma, thanks a million for the quote. That is definitely a valid reason for me to strongly reconsider. I think in this case I will just bring back some wood and stone pipes which I seriously doubt could be pinned as drug paraphenalia or be grounds for a fucking with.
 
^^^ That particular Supreme Court case was about selling parphernalia, but it's also illegal to import it, and the definition of paraphernilia is the same in both instances.

See 21 USC Section 863.

(a) In general
It is unlawful for any person—
(1) to sell or offer for sale drug paraphernalia;
(2) to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or
(3) to import or export drug paraphernalia.
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Note that the statute also gives concrete examples of what constitutes paraphernalia, and it explicitly includes water pipes.

(d) “Drug paraphernalia” defined
The term “drug paraphernalia” means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this subchapter. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana,[1] cocaine, hashish, hashish oil, PCP, methamphetamine, or amphetamines into the human body, such as—
(1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2) water pipes;
(3) carburetion tubes and devices;
(4) smoking and carburetion masks;
(5) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
(6) miniature spoons with level capacities of one-tenth cubic centimeter or less;
(7) chamber pipes;
(8) carburetor pipes;
(9) electric pipes;
(10) air-driven pipes;
(11) chillums;
(12) bongs;
(13) ice pipes or chillers;
(14) wired cigarette papers; or
(15) cocaine freebase kits.
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That makes it pretty bloody clear that this is illegal, does it not?
 
theWorldWithin said:
mahanatma, thanks a million for the quote. That is definitely a valid reason for me to strongly reconsider. I think in this case I will just bring back some wood and stone pipes which I seriously doubt could be pinned as drug paraphenalia or be grounds for a fucking with.
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Note that the above statute also explicitly includes wood and stone pipes.
 
Solidly-here said:
I do not wish to belabor the point (or, maybe I already have), so I am done Posting in this Thread.
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Thank you for not belaboring the point. And in the future, please stop advising people to do things that are in fact blatantly illegal. Consider that someone may actually take your advice, and that they might end up in jail as a result.

If you insist on dispensing advice -- and that goes for EVERYBODY here -- why don't you try quoting the statutes and case law instead of speaking off the top of your head.
 
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