Bringing glass pipes through US customs?

I also quoted the statute that very clearly says it's illegal to import paraphernalia, and which explictly lists water pipes and glass pipes as parphernalia. I merely quoted the Posters 'n' Things case because it defines the state of mind (knowledge) that is required for the crime. And yes, it does apply in this case. (Although quite frankly it's practically irrelevant, because everybody knows water pipes are paraphernalia.)

I was harsh on you because you are advising people that it is legal to do things that are in fact illegal. By dispensing advice in this fashion, you risk getting some in serious trouble.

I don't care what some Customs person told you. They probably weren't a lawyer, and what they tell you is meaningless. If you can get a federal prosecutor to tell you it's legal (you won't), you'd have a defense of estoppel by reliance, but they'd still be wrong -- because the statute I quoted, 21 USC 863, unambiguously says:

It is unlawful for any person to import or export drug paraphernalia.

It doesn't say "import as part of a business." Nor does the statute define "import" as "the business of importing." Nor does it say, "It's OK if you're importing just one, or a dozen." In the absence of any such qualifications, you assume the ordinary meaning of the word "import", which is bringing something into the country.

Think about it: If the term "import" was only meant to apply to the business of importation, why would you need this provision? Selling is already prohibited by the language in clause (a)(1) of Section 863; under your interpretation of "import", the prohibition on importation is completely redundant. It's a well-established rule of interpretation that you don't interpret statutes so as to make them redundant.

Now I've already cited the language -- if you want to dispute it, then you cite language (case law OR statutes) that prove your contention.
 
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Solidly-here said:
Your "Posters" case was very clear: It has ONLY to do with "Importing to Sell." But, you BLEW UP the Font on your quote, about "Importing Paraphenalia." You know the old saying: "If you can't dazzle them with brilliance, baffle them with bullshit."
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1) The quote with the blown up font is from the statute -- 21 USC Section 863 -- not the case. Quoting from statutes is not "bullshit".

2) You're very confused about Posters 'n' Things. The defendants in that case were not importing anything -- they were using the mail as part of a scheme to sell. But the statute the Court was interpreting in that case (Section 857, which is now Section 863) defines "paraphernalia" identically in connection with BOTH importing AND transporting through the mails. The definition of scienter in Posters 'n' Things applies to BOTH.

3) You are also completely ignoring the section of the statute that explicitly defines water pipes and glass pipes as examples of paraphernalia.

4) I've already proven my point simply by quoting the statute. The statute makes it perfectly bloody clear that it's illegal to import paraphernalia. That's why the burden is on you to prove otherwise.

But frankly I don't care what you do or what your opinion of the statute is. Any reasonable observer of this thread can read the statute for themselves.
 
As long as there is no resin in it , and it is in like new condition you are gold. To avoid a holdup going through customs dont try to hide it in your bag somewhere otherwise youll lose that trust. Just be sure to always refer to those items as "tobacco pipes" and "water pipes". Make sure you dont have any other item you arent supposed to have.
 
^^^ Did you read anything else in this thread?

Or in your mind, is it irrelevant that there's a federal statute that says "It's unlawful to import paraphernalia" and explicitly defines "water pipes" as paraphernalia?

I mean, I suppose you can always argue that you didn't have the level of intent required by the Posters'n'Things case, but.... 1) I think you'd be lying (you don't really intend to use the water pipe for tobacco, right?); and 2) do you really want to be in the position of trying to convince a Customs Agent on that point?
 
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