Storage Case Marketing Shows Intended Use Is Marijuana Storage, Despite Other Possible Functions, CBP Says

Storage cases made by Stashlogix can't be legally imported into the U.S. because the cases are considered "drug paraphernalia" used for marijuana storage, CBP said in a April 13 ruling (here). Despite other uses for such cases, it's clear from a number of sources that the Stashlogix cases are meant for and are used for marijuana storage, the agency said. Lauren Davis, a Denver lawyer, requested a binding ruling from CBP on whether the cases constitute prohibited merchandise.

CBP's analysis begins with whether the merchandise is "primarily intended for use" with illicit drugs, CBP said. That standard comes from a 1994 U.S. Supreme Court decision that said "items having possible multiple uses may constitute drug paraphernalia" if the "likely use by customers of the seller of the items is for use with illegal drugs," according to CBP. The ruling request to CBP involved three types of storage cases that include "a combination lock, customizable padded dividers, charging port, stash journal, re-label jar, small silicone-lined jar, 1 odor pack, humidity pack and a labeling marker."

The descriptive materials for some of the accessories included in the cases show the likely use with illegal drugs, CBP said. For example, a link to the odor packs on the Stashlogix website goes to a description of them as “Cannabis Odor Absorbers," the agency said. "Similarly, the manner in which the subject merchandise is marketed and displayed is indicative of the product’s intended use," CBP said. Stashlogix cases are sold "alongside numerous other storage cases which are used to store and conceal marijuana" on a website that "proudly supports the National Cannabis Industry Association, the Marijuana Policy Project and the Women Grow Cultivating Cannabis Entrepreneurs," CBP said.

CBP also looked at "whether there exists a legitimate use of the Stashlogix bags within the community to which the articles are marketed, sold and used," it said. "Standing alone, the Stashlogix storage case can be viewed as a multi-purpose storage case with no association with or to controlled substances. Yet, there is no evidence in the form of marketing or community usage that would dispel the finding that the Stashlogix cases have a legitimate use other than to store, carry and conceal marijuana."

Descriptions of actual usage also convey illicit functions, CBP said. "Despite the recitations made on the Stashlogix website, the scope of any legitimate use of these articles is noticeably absent within the community," CBP said. "For instance, a review of the Stashlogix 'stash bag' by The Stoner Mom, Mothering & Marijuana website, dated September 4, 2016, offers its critique of the subject merchandise. The article, 'My Favorite Stash Bags: Stashlogix Review' finds that '…products like these Stashlogix cases are a wonderful step in the direction of social acceptance for us cannabis users.'"

Despite claims in the Stashlogix ruling request that the cases have numerous legitimate uses, the merchandise is clearly meant to hold illegal drugs and can be considered drug paraphernalia, CBP said. The "website product reviews, descriptions and functionality of the accompanying accessories, along with the community’s actual stated use, demonstrates that there exists one consistent and primary use for the Stashlogix storage cases; namely, the storage and concealment of marijuana." Therefore, the cases are prohibited from importation in the U.S, the agency said.