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Cross-State Cannabis Court Win

Cannabis paraphernalia saw a win this Sep! U.S. Court of International Trade (CIT) ruled that cannabis paraphernalia could be imported into the country - breaking the rule outlined under the federal Controlled Substances Act (CSA).


The case was Eteros Technologies USA, Inc. v. U.S. Eteros challenged the CSA ban on importing cannabis paraphernalia, after Customs and Border Patrol blocked entry of its cannabis-trimming equipment at the port in of Blaine, Washington.


Under the CSA, “Drug paraphernalia” is considered “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.” However, In 2012, when Washington state legalized adult cannabis use, it also amended its prohibition on drug paraphernalia to expressly exclude cannabis from its definition.


The CIT analyzed the CSA and Washington state’s drug laws, and also applied Murphy v. NCAA (a Supreme Court case that held up New Jersey’s sport-betting law despite conflicting with federal law). The CIT concluded that Washington law authorized the importation of Eteros’s trimmer and deemed CBP’s seizure unjustified.


This could serve as a national precedent and allow the importation and possibly exportation of federally outlawed paraphernalia. (Source: Ganjaprenuer)


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