This is not a pipe.

February 7, 2006 11:48 AM

Is it illegal, where applicable, to own a work of art or an artifact of history if it is also an item of drug paraphernalia?

Examples:
- 19th Century opium hookah
- great-grandma's mexican pottery artwork hashpipe
- Whitney Houston's crack pipe
- this guy's work

posted by yesster to Law & Government (17 answers total)

IANAL, You'd have to make a pretty strong case for them being parts of history (which it seems like you could). I don't know about the art thing.
posted by borkingchikapa at 11:50 AM on February 7, 2006

If simple possession is illegal now it doesn't matter how legal it was 50 years ago. Pipes and bongs are a weird thing because they are dual use items and, in theory anyways, can be used to smoke tobacco. That didn't save Tommy Chong from serving 9 months, a years probation and paying $103,000 fine.
posted by Mitheral at 11:54 AM on February 7, 2006

I've seen 19th century long Chinese opium pipes in several upper-class homes. They're fairly collector amongs the well-to-do.
posted by geoff. at 11:56 AM on February 7, 2006

An Iranian person I know was able to import a glass hookah from Iran and it got throught customs okay. This was into Canada, though, so YMMV.
posted by raedyn at 11:59 AM on February 7, 2006

Sorry my example wasn't clear. What I meant was the chances of you being busted for possesion of an artifact are directly related to who you are. If you're a poor black man with past drug offenses your hosed if they find you with gramma's opium pipe. If on the other hand you're having dinner with the mayor on a regular basis your probably fine.
posted by Mitheral at 12:03 PM on February 7, 2006

Whoa! A person can go to jail for just having a bong, even if all that he smokes in it is tobacco?
posted by MrMulan at 12:03 PM on February 7, 2006

It depends how good your lawyer is, I think, and what else you've got lying around the house.

The US code definition is: "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." It is "unlawful for any person to sell or offer for sale drug paraphernalia; to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or to import or export drug paraphernalia." (US Code 21) State codes may vary and outlaw possession of d. p. as well.

So illegality turns on "primary intent." If you bought it because you like the looks of it, or appreciate its historical value, and you don't keep any controlled substances around, you're probably OK. Of course there should be absolutely no residue of anything taboo. In such an instance the "preponderance of the evidence" might indicate artistic intent, not a primary intent to consume illegal drugs. But IANAL.
posted by beagle at 12:12 PM on February 7, 2006

I'm pretty sure the "intent" mentioned in the statue doesn't have to do with the intent of the person in possession of the item. It's more like the purpose for which the item was designed - the intended use for which it was designed. The fact that the possessor didn't intend to use the item for an illegal purpose could certainly do them some good when it came to sentencing but I don't think it plays into the determination regarding whether the statute has been violated.
posted by Carbolic at 12:28 PM on February 7, 2006

It probably depends on whether or not you have or use drugs as well. There are plenty arab restaurants around here that have hookahs that customers can smoke (with tobacco, of course). I imagine that is pretty common in any major city in the US now-a-days. AFAIK, they need no special permission to do this and will never be subject to a raid by the DEA or vice squad.
posted by JJ86 at 12:36 PM on February 7, 2006

Besides, 21 USC 863 prohibits sale/import/mailing not possession.
posted by Carbolic at 12:38 PM on February 7, 2006

Response by poster: I was wondering this last night, as I was gazing at my second example. Thanks for the answers so far - if Carbolic is right, then I'm fine.
posted by yesster at 12:54 PM on February 7, 2006

Is there a safe way to disable the device(s), without harming it artistically, so that it is useless as a drug device?

Example: Antique firearms have their barrels stoppered or their firing pins removed. This essentially changes them from a weapon into a paperweight.

I wonder if the same can be done here?
posted by frogan at 1:06 PM on February 7, 2006

Riffing on frogan's idea... since a pipe is just a tube, perhaps blocking the tube would work. This would not be pretty in the case of glass bongs or crack pipes, because it would be visible. Also, crack pipes are sold as vases, at least in my neighborhood -- they have little plastic roses in them and corks on both ends.

I don't know how one could change a cocaine spoon into a spoon not useful for dishing up powdery or granular stuff.... Hrm.
posted by zpousman at 1:36 PM on February 7, 2006

I read of a case a few years ago (sorry, no links) where a guy on parole who had apparently turned his life around was sent back to prison for being in possession of a firearm. The firearm in question? His grandfather's antique, non-functioning pistol, which was hanging from his bedpost when the parole officer made a visit.
posted by Daddio at 1:40 PM on February 7, 2006

I think it should also depend on the circumstances of the find - It's one matter if you have it mounted on your wall or inside a curio cabinet. If you have it on your nightstand adjacent to matches/lighter, though, that's completely different.
posted by MeetMegan at 2:14 PM on February 7, 2006

Some jurisdictions have special laws excluding antique firearms from the going firearms laws, so collectors don't have to take a saw to their priceless relics in order to come into compliance.

I think that if you're living somewhere where there aren't similar statutes excepting antique drug paraphernalia, then you might be out of luck. But I can't imagine these laws are enforced too strictly.
posted by ikkyu2 at 2:28 PM on February 7, 2006

What if you built your objects into small display cases that had to be destroyed to get them open? There was a guy in San Francisco did an exibit of LSD blotter paper art. He cast them into blocks of solid resin for the display, and that seemed to satisfy the authorities. If your objects have any kind of residue on them, you should remove it *extremely* thoroughly as a matter of self defense..
posted by Ken McE at 6:39 PM on February 7, 2006