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I have been making plans and finding providers lately because I'm aspiring to open my own shop in my local mall. One of the many products that I want to sell is a hookah and the shisha tobacco that is usually smoked in such elegant pipes. But I have my reservations. How would I go about learning the laws in my state pretaining to the distribution of these products? A major question mine is- I know that to buy tobacco, one must be 18 years old, but what about the hookah itself? Can you sell it minors, or would they have to be 18 too?
Also, is there anything I need to know about selling prepackaged beverages and candies? I ask because my little shop is going to have a small seating area where people can come in and talk to myself or friends and I thought it would only be appropriate to sell the types of things you could get from a vending machine without having to get up and leave the store and come back again.
I have to ask though, why would a hookah be categorized as drug paraphenalia? I would be selling them to be specificly used to smoke shisha, which I would also be carrying. After all, rolling papers are more often used for marajuana than tobacco, but they aren't considered drug paraphenalia because they are sold in tobacco shops along with the tobacco to be rolled in them... And I can't afford a lawyer. My boyfriend and I are living off of his income that was rather plush in the past, but now that we're trying to save for a real home together and getting married, plus the store, we don't have the extra cash. And the only way we're going to be able to pull off actually opening the shop is to get a loan.
I would have reservations, too. I couldn't, via google, find any clear information on Texas laws regarding the sale of smoking paraphernalia. What I did find is that many people (including Tommy Chong of "Cheech and Chong" fame) have been arrested for selling it. Seems that the same devices that are used to smoke tobacco can be used to smoke other things, and that this is sufficient reason to categorize these devices as *drug* paraphernalia. I'm not saying that you'd necessarily be busted for hawking hookahs in your local mall. (Chong was selling his stuff online.) But I do think that if you can afford to start your own business, you can afford to seek the advice of an attorney. I would certainly do so. I know this doesn't really answer your question, and I'm sorry I couldn't be of more help.
Tobacco Laws In Texas
The simple answer is to check Texas law on drug paraphernalia . It may be well intentioned as a smoking apparatus, and if its anything like Belvedere Park law, if someone even MENTIONS a dual use to your clerk, that clerk CANNOT sell it to that customer under penalty of law. If Texas has tough restrictions on said paraphernalia... I'd rethink the idea altogether and NOT sell hookahs.