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Old 11-01-2009, 03:43 PM   #11
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Just smoke a bowl of tobacco out of it so it has tobacco residue in it, then clean it later after you get through customs.


Trust Bart though.
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Old 11-01-2009, 04:22 PM   #12
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Quote:
Originally Posted by MetallicaFan495 View Post
See your misunderstanding. A bong is known for smoking weed. A waterpipe is known for smoking tobacco. If they find a waterpipe with a bag of tobacco next to it how can it be illegal? In fact, why do you think its legal to buy them in headshops?
That's some fancy dancing you're doing, but we all know the truth - and these word games are not going to help you in a Courtroom. Jurisdiction has everything to do with it - legal jurisdiction is something I doubt you have a grasp of in this discussion.

Let's look at this from a practical standpoint. I am an old fart, likely three times your age, and I have never met anyone who smokes tobacco routinely from a "waterpipe". I could count on one hand the number of true hookahs I've seen outside of the Middle East. The excuse that a bong is for tobacco seems clever when you are 15 years old, but general life experience is completely different. You play the typical LEO or CBP officer for a fool and you are going to get spanked.

These are not your parents who buy all the bullshit from their precious snowflake - these are professionals who do this job daily and know the truth.

Quote:
Originally Posted by MetallicaFan495 View Post
Me and my friends have been pulled over several times with bongs we just bought, and the cops didnt take them cause they were clean. As long as theres no marijuana residue at all, the MOST they could do is take it and trash it, but even then that'd be better than going to jail for it.
This is pure bullshit - and you know it. We call this "sandbagging".

First of all, if you and your friends are getting pulled over several times for anything, you are doing it wrong. Second, the coincidence of being pulled over after just buying a bong is statistically very small - having it happen several times is your pure imagination. Third, suggesting that the most that they could do is "take it and trash it" means you have not read the thousands of posts here for persons cited for exactly these circumstances. You can go to jail, lose student loans, disappoint your parents, and challenge your future employment opportunities.

Because in the real world, the LEO can always just cite you, and therein you are explaining it to a Judge. You are telling a Judge that the "waterpipe" was being used to smoke tobacco and you are explaining to a Judge that the "waterpipe" had no relationship to MJ - despite the cool pot-leaf on it. The Judge will decide if you are telling the truth or just bullshitting him - not a good chance for bullshitting him.

You are young, and have a fantasy that you enjoy - such as being pulled over multiple times coming home from the head shop with your new bong and not getting busted - but you are ignorant of the law, legal jurisdictions and the sheer trouble an item like your beloved bong can get you into.

Did you know that the US Attorney spent $12 million dollars to prosecute bong sales in Western Pennsylvania - read about Tommy Chong's case.
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Old 11-01-2009, 04:24 PM   #13
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See your misunderstanding. A bong is known for smoking weed. A waterpipe is known for smoking tobacco. If they find a waterpipe with a bag of tobacco next to it how can it be illegal? In fact, why do you think its legal to buy them in headshops? Me and my friends have been pulled over several times with bongs we just bought, and the cops didnt take them cause they were clean. As long as theres no marijuana residue at all, the MOST they could do is take it and trash it, but even then that'd be better than going to jail for it.

Dude, you're fighting a lost cause, Bart knows what he's talking about. Certainly more than you do on this issue.

As stated, getting pulled over in your hometown with a clean piece and going through customs with one are two COMPLETELY different things. Getting caught at home, you're normally tried under state law, where as going through customs you'd be hit with a federal charge.

Like Bart said, since people rarely use water pipes [or bongs, they are the same thing and just because you say "waterpipe" doesn't mean they will overlook the fact that it is a device to smoke MJ. Nobody smokes tobacco out of bongs (or waterpipes), and the officers know this.] to smoke tobacco, they are hardly considered a dual-use apparatus (meaning, in this case, that their sole use is to smoke marijuana). This makes them illegal under the federal code cited by Bart.

Finally, as also stated above, what really matters is the discretion of the officers your are dealing with. They can determine if they think the piece is intended for legal use or not (and as the OP is underage, it certainly is not no matter WHAT is being smoked out of it). If they think its for illegal intent, then you can deal with federal prosecutors if you want it back. Likewise, they could let you pass through with it.

The real question is; Is this scenario even worth bringing a pipe with you? Buy some damn papers or a cheap pipe at you destination and trash it when you leave. If you are moving or must have a piece with you at your destination, mail it.

This has all been stated before, PLEASE re-read Bart's post, and take it to heart. He does know what he's talking about and his advice could save your ass someday. This is a legal forum. Please post with caution, and dont give advice based on opinions, assumptions or stories you've heard. Someone could take some of the poor advice given on this forum seriously and end up getting MAJORLY fucked.
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Old 11-01-2009, 04:47 PM   #14
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You both act like im lying and that im making up stories lmao....the first time we got pulled over we had just bought a new bong, and it was like a 3 foot bong. The officer stated "I know its clean but I know what they are used for." My point is that of course people know its used to smoke marijuana, but an officer cant arrest you for it if its clean. Wouldn't all head shops have been closed down by now if it were illegal to possess them? The second time we got pulled over, it wasnt a new bong but it had been thoroughly cleaned and had no odor of marijuana. Again the cop stated "if there were any residue at all I would arrest you right now, but since its clean ill let you go."

And you wanna talk about tommy chong? I mean besides the fact that he was in about 13-14 stoner movies, what reason would people really have to assume that he smokes marijuana? Lmao...he was obviously selling bongs to smoke marijuana out of. Ever notice when you go in head shops, that they will kick you out if you say words like bong, marijuana, bud, or anything having to do with illegal substances?

Again, cops probably figure your lying when you say you smoke tobacco out of it, but in the end they wont arrest you if its clean because its legal to possess waterpipes if your of age.

Im not trying to disrespect you bart cause im sure you are probably 3 times my age, but your not going to convince me that something you can legally buy can get you arrested, even if its clean. OF COURSE you will get arrested if there is weed resin in the bowl, but thats not at all what I am talking about. I dont really understand why you would go against what im saying, or go as far to call my experiences as a "fantasy world." Next are you going to try to tell me that having ciggs are illegal if cops think you empty them out and make spliffs out of them? There ARE people who smoke tobacco out of a pipe or bong, and sometimes when im out of weed I take a few hits of tobacco to make me feel really relaxed, more so than you would if you just smoked a cigarette.

Again im not trying to disrespect you, but it sounds like your getting mad over nothing. And in the end it all depends on the cop, like the above post said if everyone in the car is 16 or 17 and the person who owns the bong is 18, the cop may have reasonable suspicion that its used to smoke marijauana, especially if weed is found in the car.

Please try and calm down, and the fact that you think im stating opinions is rediculous. Smoke a blunt and you'll hate me alot less...I promise.
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Old 11-01-2009, 05:54 PM   #15
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They cannot arrest you or charge you with anything if you are 18+ with a bong you *just* bought, and haven't used. All what they could do is test the bong for marijuana use, find that there isn't any, and let you go.
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Old 11-01-2009, 06:00 PM   #16
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I'm sorry, MetallicaFan, but you just seem to be missing the point. Again, this isn't over the laws concerning getting pulled over in your hometown (which differ from state to state and, maybe more importantly, the way they are enforced differs among almost every police force and even with every individual officer). Rather, this thread concerns bringing a piece through customs. Again, these laws are both different in nature and in the way they are enforced.

Now, either way, the officer can pretty much arrest or cite you no matter what, it's his call. Even if it's clean, they can arrest or cite you and then it's between you and the judge. To tell people that the officer wont arrest them is foolish. Please stop spreading misleading information in this part of the forum. Legal issues are very serious, and this is not the section of MJ.com to come and give false information. It can lead to serious consequences for people. You were lucky in your experiences, but I would not give legal advice drawn from a lucky experience or two.


"Im not trying to disrespect you bart cause im sure you are probably 3 times my age, but your not going to convince me that something you can legally buy can get you arrested, even if its clean.
"

If you read Bart's post he never says that you would be arrested for having a clean piece, he states that you have the option to forfeit the goods or have the case referred to the prosecutor. Then you will find yourself in front of a judge, trying to convince them you don't smoke weed with it. I assume (please correct me if I am wrong, Bart) that the customs officer could arrest you if they desire, so I wouldn't give them much shit.

I'm not trying to be a dick, just the truth must be on here for people referring to this site for information. I don't even know why we are still debating this. I don't know who in their right mind would want to even take the chances when you can just get some papers.



EDIT: I forgot to add an experience I had relating to this issue. When I was coming back from British Columbia to the states, we were in a limo going across the border. We stopped at the customs station. In my buddies bag, he had a new pipe (way less obvious for MJ than a bong) he had bought in Vancouver. It had never been used. Well, the officer went out to the limo, went through our bags and stuff while we were inside. He came back, said it was fine, let us through. We got in the limo, went through our shit and found that the officer had broken my buddies pipe. So, even if they don't charge you, they can still be a dick about it. It also doesn't mean that they couldn't charge you, it means they didn't.

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Old 11-01-2009, 06:23 PM   #17
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Now, either way, the officer can pretty much arrest or cite you no matter what, it's his call. Even if it's clean, they can arrest or cite you and then it's between you and the judge. To tell people that the officer wont arrest them is foolish.
I think thats simply untrue. If the officer chooses to arrest you, its his responsibility to file a charge against you. What would the charge be if you've done nothing illegal? And I understand what you said about the officer breaking the pipe, and thats half of what im talking about. They probably wont arrest you for it but they might take it or trash it.
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Old 11-01-2009, 06:55 PM   #18
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I think thats simply untrue. If the officer chooses to arrest you, its his responsibility to file a charge against you. What would the charge be if you've done nothing illegal?
Possession of Drug Paraphernalia? Press hard when signing the Citation, it's 3 copies, then tell your story to the Judge.

You just don't get it. You assert a very narrow and tiny little situation of a brand new bong, never used, and suggest this is the typical circumstance. Whatever fluke of nature has caused you to believe this is true, it is rare and not typical.

What is more likely is that the average reader will have used that bong, and it will be accompanied by other evidence of MJ use such as trace evidence of MJ, lighters with residue, baggies with residue, or seeds on the floorboards.

Further, under Federal Law, that bong is illegal. Getting back to what the original post asks - it is illegal to import drug paraphernalia into Canada or the United States, and the time to debate this is not at the port of entry. You might get away with that bong in your backseat, but on entry to Canada it can be a whole different set of rules.

The bottom line is that for that fractional period of time in your bongs life that it is clean, it might be argued that it is legal under some very narrow circumstances. But for the bulk of your bongs life, it is a liability.
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Old 11-01-2009, 07:06 PM   #19
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I just wouldnt drive around with a bong or pipe unless its clean thats all im really sayin.
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Old 11-02-2009, 12:52 AM   #20
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Well I certainly stand corrected.

I was about to start a headshop.

What do I need to know about legal issues concerning the buying/selling of bongs? Is it a complete no-no?

I live in New Jersey and would be selling them from NY and NJ.
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