CBP Finds Hemp Cones and Tubes Marked for Smoking 'Herbal Blends' Aren't Drug Paraphernalia

Hemp cones, tubes and wraps marketed for use with “tobacco-free herbal blends” and featuring warning statements that they shouldn’t be used with illegal drugs or tobacco aren’t restricted merchandise and may be imported into the U.S., CBP said in a recent ruling.

Though the unnamed company that intends to import the hemp cones, tubes and wraps cited a 2022 Court of International Trade decision that allowed imports of drug paraphernalia directly into states that have legalized cannabis (see 2209210034), CBP found the statements on labeling and the manufacturer’s website indicate the goods aren’t actually drug paraphernalia under 21 U.S.C. 863, and need no exemption from the law to be legally imported.

The importer said it intended to import the hemp cones, tubes and wraps into ports of entry in several states, some where cannabis has been legalized and others where it hasn’t. Under the CIT decision, that would mean that in the latter states no exemption from the drug paraphernalia prohibition would apply.

“The standard for determining whether the hemp cones, tubes, and wraps are prohibited drug paraphernalia is not whether the items are compatible for use with illicit substances, but whether they are primarily intended for use with illicit substances,” CBP said in the ruling.

The unnamed importer told CBP that “herbal blend hemp wraps are common,” providing “photos of such wraps and their associated herbal blends from a Google search,” as well as an “excerpt from a third-party website describing the history of herbal wraps,” the agency said. According to the importer, the existence and scope of legitimate uses of the item in the community” weighed against a finding the goods are drug paraphernalia.

“Of course, the wraps could be used for drugs, but that is not their primary or intended use just like a dollar bill or straw were … not primarily used or intended to be used by persons who snort cocaine,” the importer told CBP.

CBP found that “the existence of a significant legitimate market for herbal blends and similar hemp wraps increases the likelihood that purchasers would use the hemp cones and wraps with herbal blend.” It said the labeling on the hemp cones and wraps that no tobacco or illegal substances should be used with the products support the importer’s “assertion that the hemp cones and wraps will only be used with legal herbal blends.”

CBP also noted that the website of the manufacturer of the hemp cones, tubes and wraps, Crop Kingz, doesn’t contain any references to cannabis use or sell merchandise related to cannabis. That website also has the same “Used for legal herbal smoking products only” disclaimer found on the packaging of its cones and wraps, the ruling said.

“In light of the above, the evidence weighs in favor of a finding that the hemp wraps and cones your client intents to import are not primarily intended for use in ingesting cannabis or marijuana by the customers who purchase them,” CBP said in the ruling, which was addressed to the unnamed importer’s lawyer. “Rather the evidence suggests the Crop Kingz hemp wraps and cones are primarily intended for use with legal herbal blends. Therefore, the hemp cones and wraps do not constitute drug paraphernalia for the purposes of 21 U.S.C. § 863(d).”