I can’t resist. I was laughing about this years ago, but the point
is … you are correct in assuming that pipes are a very carefully
inspected item to make and distribute…especially across state and
Look up Tommy Chong (i.e. Cheech and Chong’s Tommy Chong’s ‘Nice
The main issue is distribution. If you are careful, it can be legal.
But, as with Tommy Chong, distribution across state lines, in
particular, is not wise…unless you can prove that nothing except
tobacco can be used in them…or your distribution channels include
ONLY tobacco shops that refuse to sell products that fall under the
I personally think it a safe option to not manufacture them at
all…but if you do, try only states where such secondary intent
users are quasi-legal (e.g. California).
I am sure there are other ways to market the items, such as
including warnings and stipulations for the buyer and re-seller, that
could make it legal. But, it might still be dealt with as an item
the Federal folks take note of.
Best to seek out and retain quality legal counsel for any such idea
before marketing widely.
That is my $.02.