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  1. #1
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    Legal question
    Hey there folks.

    I've looked all over the web and can't find a clear answer to this question:

    I just launched a site designed to generate affiliate traffic for a well known marijuana paraphenalia affiliate program run out of amersterdam, I believe. Any legal eagles out there know whether it is illegal in the US to operate such a site? I have only product listings (through an xml feed) that link through to the actual merchant site. I don't carry, stock, or sell anything myself.

    Any insight greatly appreciated...

  2. #2
    ABW Ambassador Trying to Win's Avatar
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    I don't know for sure, but I don't think it's a risk you should take. Unless you don't mind running your business from a prison pc.
    Just a squirrel trying to get a nut, in the Internet jungle.

  3. #3
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    Ask Tommy Chong of Cheech and Chog:

    http://www.thecelebritycafe.com/inte...g_2004_11.html
    Ken

  4. #4
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    Promotion of the sale of ilegal items carries a lesser penalty than actual possession and/or sale of ilegal items.........

    My best advice is.........DON'T DO IT.........
    You must climb this mountain. There is no elevator. ---- Don't stick your finger in the liquid nitrogen.
    Carolina China

  5. #5
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    Quote Originally Posted by Witzer
    Promotion of the sale of ilegal items carries a lesser penalty than actual possession and/or sale of ilegal items.........

    My best advice is.........DON'T DO IT.........
    Thanks Witzer. So, you're saying it does carry a penalty. Any thought on where to research this to verify?

    Ask Tommy Chong of Cheech and Chog:

    http://www.thecelebritycafe.com/int...ng_2004_11.html]
    Ken, I don't sell anything. Cheech did. There's a difference, and I'm trying to find out what it is.

    For example, gambling is illegal in the US (in most areas, and online), but there are many affiliate sites promoting this activity, and they aren't in jail.

  6. #6
    Tax Paying Member
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    Are you planning a business without checking with your lawyer??? or at least a CPA????

    My best advice was "Don't do it". My second best advice is "Always ask your lawyer".
    You must climb this mountain. There is no elevator. ---- Don't stick your finger in the liquid nitrogen.
    Carolina China

  7. #7
    Member
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    January 18th, 2005
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    Witzer;
    Found these articles:
    http://www.dea.gov/pubs/pressrel/pr022403.html
    http://news.com.com/2100-1023-985785.html
    http://www.cozyfrog.com/guides/legal...rnaliaRaid.asp

    21 U.S.C. Section 863. Drug paraphernalia
    a. 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.

    Having the website might be considered "an offer to sell" or "conspiring" to sell. The DEA can do pretty much as they please. If they wanted to get to the actual "sellers" they would no doubt start with the sites that link to them. No sense in asking for trouble.
    Ken

  8. #8
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    Quote Originally Posted by ken
    Witzer;
    Found these articles:
    http://www.dea.gov/pubs/pressrel/pr022403.html
    http://news.com.com/2100-1023-985785.html
    http://www.cozyfrog.com/guides/legal...rnaliaRaid.asp

    21 U.S.C. Section 863. Drug paraphernalia
    a. 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.

    Having the website might be considered "an offer to sell" or "conspiring" to sell. The DEA can do pretty much as they please. If they wanted to get to the actual "sellers" they would no doubt start with the sites that link to them. No sense in asking for trouble.
    Ken
    Ken,

    I still haven't been able to find anything definitive, because, I don't think their has been any definitive precedent set with regard to affiliates and paraphenalia. It just seems odd to me that a 'head shop' can operate in just about any city in the US, but it's illegal to sell online.

    In any event, I will probably just use the domain to market clothing (it's a really good domain, that's why I want to figure out a way to use it), and I will stay away from the affiliate game until things have been defined further. I don't have the money to be a guinea pig in this regard.

    Thanks all for your input..

  9. #9
    Domain Addict / Formerly known as elbowcreek Thomas A. Rice's Avatar
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    As a rule of thumb: If I have to ask if it's legal, it's not worth my time. There are many, many niches available to persue that WON'T keep you up late at night looking for legal advice from strangers on a board...... run don't walk to the nearest exit, IMO.
    Following everyone else is a GREAT way to become average.

  10. #10
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    Quote Originally Posted by elbowcreek
    As a rule of thumb: If I have to ask if it's legal, it's not worth my time. There are many, many niches available to persue that WON'T keep you up late at night looking for legal advice from strangers on a board...... run don't walk to the nearest exit, IMO.

    Here is a man who understands the system

    Fly under the radar and never call attention to yourself when exchanging money
    You must climb this mountain. There is no elevator. ---- Don't stick your finger in the liquid nitrogen.
    Carolina China

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