Congress should provide clarity around imports of products that can be used both as drug paraphernalia and for legitimate purposes, Harris Bricken lawyer Fred Rocafort said in a blog post. The current approach under the Controlled Substances Act results in CBP relying on marketing materials and social media posts to determine whether or not a product will be used lawfully, Rocafort said. “There is something unsettling in CBP’s approach,” he said. “On the one hand, the agency requires importers to demonstrate that their products are intended for lawful use, even when potential legal uses are obvious.” For example, a 2008 ruling found that grinders were considered drug paraphernalia. “Those grinders that were the subject of the ruling letter could be used to grind tobacco or tea, as the importer contended, and this is something that CBP did not deny,” he said. “Yet CBP will go out of its way to find evidence that supports a finding that an item is drug paraphernalia.”
Frederic Rocafort in Trade Law Daily
