Shops that sell products law enforcement believes are either illegal or could be used to consume illegal drugs are vulnerable to raids and criminal accusations.
It’s important that smoke shops strive to keep up with laws pertaining to the products they sell and that they properly train their employees.
Having an attorney is necessary, because the laws regulating items commonly sold at smoke shops are very complicated, including the Federal Analog Act, 21 USC 813 and the provisions of 21 USC 811 that allow the Attorney General to make substances illegal on an emergency basis.
In additional to criminal laws, there are also forfeiture laws that have been used by law enforcement against smoke shops. For example federal and local law enforcement officials working together have conducted raids on such shops in New Mexico, such as the so called “operation log jam” raids conducted in July of 2012. While these raids did end in criminal charges for some, one of the biggest results of this raid were the resulting numerous civil forfeitures.
The Lawyers at McGraw & Strickland have experience representing local smoke shops.