African Exporters Take Note: US Court Rules Cannabis Paraphernalia Can Be Imported
A landmark decision by the US Court of International Trade opens up the opportunities for niche African cannabis exporters to look at getting in to the potentially lucrative American market.
Above the Law
15 October 2022 at 10:00:00
The U.S. Court of International Trade (CIT) last month ruled that cannabis paraphernalia could be imported into the country, breaking with the rule outlined under the federal Controlled Substances Act (CSA), Above the Law reports.
The ruling came in Eteros Technologies USA, Inc. v. U.S., in which Eteros had challenged the CSA ban on cannabis paraphernalia importation after Customs and Border Patrol blocked the entry of its cannabis-trimming equipment at the Port 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.”
In 2012, when Washington state legalized adult cannabis use, it also amended its prohibition on drug paraphernalia to expressly exclude cannabis from its definition.
In April 2021, Eteros attempted to import the trimmer into the U.S. via the port and was asked by CBP officials whether the trimmer would be used for cannabis that contained more than 0.3% THC – the federal threshold for legal hemp. After being told the tool would, in fact, be used in the adult-use cannabis market, CPB officials seized the equipment. The following month, CPB told Eteros that it would not allow the product entry into the country and Eteros sued the government in June.
The CIT analyzed the CSA and Washington state’s drug laws, but also considered and 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.
If the ruling survives any possible appeals, it could serve as a national precedent and allow the importation and possibly exportation of federally outlawed paraphernalia.
Regulatory Uncertainty Bites SA's Biggest CBD Brand, Goodleaf Temporarily Pulls It Range From The Shelves
Goodleaf says SAHPRA restrictions on dosages and packaging have pushed it into an uncompetitive corner. It says it's pulling its range off the shelves until there's more regulatory certainty in the cannabis market.
Cannabis in South Africa: The People’s Plant
We are a civil society organisation with the interests of the existing Cannabis industry and the Human Rights of ALL citizens at heart.
Resources & Equipment
Explore cannabis growing equipment for growing weed at home.
Whether you’re just starting out, or you’re looking to enhance your outdoor or indoor weed grow setup – we have the perfect range of cannabis growing equipment to match your marijuana growing ambitions.
Find everything from LED grow lights, grow tents, fans, and hydroponic setups, to environmental equipment and controls, harvesting accessories, extraction equipment and plenty more.
Design your ideal cannabis growing setup with high quality growing equipment available in South Africa.
Explore cannabis growing equipment we’ve curated from reliable online suppliers in South Africa