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Manufacturing Questionable Commodities

Manufacturing Questionable Commodities

Manufacturing Questionable Commodities

I have a sort of strange question; let me preface by stating that I've been managing a relatively small plastic injection molding operation for a little over a year now. We've just been offered a contract for creating smoking paraphernalia; mostly novelty stuff like these marijuana gas masks and things like that. I hate to even 2nd guess a contract this big but I want to stay on the up and up. So my question is: is there a website or office where I can consult to make sure everything I'm doing is perfectly legal? I live in California and don't think I'm violating any laws by manufacturing plastic pipes, but you never know. It's a lot of cash on the table but not enough for me to put my business at risk.

RE: Manufacturing Questionable Commodities

I'm in the UK, but I don't see how any laws will affect you. Products could be used for anything. Noting that the gunmakers in the US are immune from what people do with their products, it seems you are well in the clear!

(We actually make hydroponic systems - for growing tomatoes, I believe.. dazed)


Politicians like to panic, they need activity. It is their substitute for achievement.

RE: Manufacturing Questionable Commodities

Thanks for pointing that out - it was pretty much what I was thinking but just wanted to cross my t's and dot my i's so to speak. I suppose these sort of products could easily be used for tobacco and I'm not marketing them one way or another so I'm in the clear (hopefully)!

RE: Manufacturing Questionable Commodities

Be careful, some states have paraphernalia laws. This is a matter for your local friendly law enforcement office or an attorney.

It is better to have enough ideas for some of them to be wrong, than to be always right by having no ideas at all.

RE: Manufacturing Questionable Commodities

Thanks - I have a friend who's an officer of the law. I'll get his advice and then maybe consult with an affordable attorney before I sign any contracts.

RE: Manufacturing Questionable Commodities

I have found that officers in general are ignorant of the actual law... they know what they should be enforcing on a day-to-day basis, but they're not lawyers. If you want valid legal advice, a lawyer is the best bet.

Dan - Owner

RE: Manufacturing Questionable Commodities

Yeah, you have a point. My buddy even told me that he has no clue about that stuff when I asked him. I called an attorney and I've got an appointment today. Thanks, guys!

RE: Manufacturing Questionable Commodities

I'd add that even if the attorney OKs making them as being "not illegal" you are still opening yourself to business killing lawsuits. (That, that same attorney will happily try to defend you from {$500/hr}.)

A device made to completely cover a user's face allowing them to abuse their lungs and bodies, used by drugged, drunk, and 'partying' individuals is likely going to result in a death, or worse, someone who is brain damaged being wheeled before a horrified jury to get their 'reward' from you. That is too medical a device to produce without enormous liability insurance coverage and I don't see an underwriter being thrilled with the real risks involved in this. If you do this I predict either a ton of regret or a product liability premium so high as to make this product financially non-viable for you.

Sadly this type of product only works when made in China and imported from somewhere else and sold namelessly on Ebay by a single individual who lives in another country. It won't work for a bonified bricks-and-motar company that can't just disappear when the:

Keith Cress
kcress - http://www.flaminsystems.com

RE: Manufacturing Questionable Commodities

Thanks for your directness! I'm still discussing things with the attorney but that's definitely a good point to consider as well. It's tough to tell when an attorney's shooting straight and narrow but I'm assuming it's pretty rare!

RE: Manufacturing Questionable Commodities

Yeah Injection, they tend to be very specific in their answers. "Yes, it's legal", doesn't help with the speculative but you might be sued silly.

It would be nice to ask a product liability attorney about being sued for this product. THAT would be an interesting answer to hear. :)

Keith Cress
kcress - http://www.flaminsystems.com

RE: Manufacturing Questionable Commodities

By the fact you're asking about this with some reservations (and after glancing at the website) you should walk away. My concern is not only marijuana but all the synthetic crap that's infiltrating its way into the black market.

Let me give you a true like example: last week our local EMS agency along with the Fire Department declared a mass casualty incident because a synthetic marijuana termed K2 hit the street on a Wednesday evening. By sun rise we were treating about 20 patients and this lasted for about 18 hours. The local police figured out the source, and it was a cartel group out of another town coming to town with something new and less expensive. I was impressed they called in the State and Federal resources and arrests were made within 24 hours.


RE: Manufacturing Questionable Commodities

Yeah, Stookeyfpe, I've read a bit about K2 or Spice or whatever they're calling it. Horrible junk. I don't really have a need for medical marijuana but I support people's right to pursue it as a medication and think it probably does help in some degree. Too bad that's not the case with beer or I'd have been pretty fit in my golden years! But yeah, I read there's a pretty big difference between natural and synthetic marijuana and you're right that no one can really monitor what someone uses that paraphernalia to do.

Just to add on to my story, we discussed things with the attorney and have ultimately decided to walk away from the contract. I'm pretty sure it will go to a bigger manufacturer but they'll probably also have a legal team to untangle any messes. Honestly, if I thought that my little operation was manufacturing anything that was putting a person in serious danger, I'd probably lose a fair amount of sleep so I'm glad I brought my question to the board here. Thanks, guys.

RE: Manufacturing Questionable Commodities

I don't think you can go wrong with that decision. Well done.

Keith Cress
kcress - http://www.flaminsystems.com

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