Any legal risks taking DanceSafe testing kits across the US/Canada border?

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sadaddaspie
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Since DanceSafe isn't shipping to Canada, I'm wondering if I'd be putting myself in legal jeopardy by receiving some kits at an address in Washington State and then bringing them up with me, across the border into the province of British Columbia.  Even though I don't think anything in them is illegal to possess in WA or BC, what freaks me out is the possibility of crazy customs policies and the possibility of some silly anti-paraphernalia laws or something of that sort coming into play.  I'm wondering if there's any legal risk what so ever, even if it's very unlikely that anything bad happens...

Nathan
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Joined: 12/17/2009
Shipping testing kits?

 

For Canada, we've had trouble shipping to Canada through the mails but that could be for reasons totally unrelated to their purpose, and is more likely because we didn't describe them, label them, give the right invoice, pay tax, or something like that. We're experimenting with shipping to Canada now. I've personally driven kits across the border for use at Shambhala by Ankors, and while I was quizzed on What The Hell, I explained and was allowed to proceed after declaring a value and paying tax on them. They did take a dog to my car and search it pretty heavily, but that could have been because I declared I was going to a big rave in the forest.

For shipping within the states, most states have paraphernalia laws that seem to include our testing kits. For Oregon, the section of state law that deals with drug paraphernalia specifically talks about sales of drug paraphernalia, and the relevent definition is this:

 

 475.525 Sale of drug paraphernalia prohibited; definition of drug paraphernalia; exceptions. (1) It is unlawful for any person to sell or deliver, possess with intent to sell or deliver or manufacture with intent to sell or deliver drug paraphernalia, knowing that it will be used to unlawfully plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance as defined by ORS 475.005.

      (2) For the purposes of this section, “drug paraphernalia” means all equipment, products and materials of any kind which are marketed for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of ORS 475.752 to 475.980. Drug paraphernalia includes, but is not limited to:

      (a) Kits marketed for use or designed for use in unlawfully planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

      (b) Kits marketed for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

      (c) Isomerization devices marketed for use or designed for use in increasing the potency of any species of plant which is a controlled substance;

      (d) Testing equipment marketed for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;

 

Notice that it talks about sales of paraphernalia, and that the definition of testing equipment that is paraphernalia is anything that analyzes strength, effectiveness, or purity. That leads me to believe that DanceSafe might be at some risk under this law, but since we don't claim that our testing kits do any of those three things then we're fine. And since we've never had any sort of law enforcement approach us for anything testing kit-related, I think we've done pretty well. Basically, nobody in the States is going to be at risk of attention or arrest for purchasing a testing kit through our website. 

Nathan

DanceSafe