Sciencemadness Discussion Board

Does anyone know the exact laws about glassware possession in Texas?

Lillica - 26-1-2017 at 01:23

I am in the process of moving and am going to have to pass through Texas to get to my destination with all of my Chemistry equipment. I remember hearing once that it is a felony to possess glassware in Texas without a permit, but I had also read another source which said this only applies if you have drug-precursors, whereas another source said this law only applies to companies manufacturing glassware. Other sources say it applies only if you are receiving or transferring glassware in Texas.

I can't find a clear answer on the matter, and truthfully I don't want to get a felony or my equipment seized just because I had to pass through Texas.

In searching google I found this link:
http://echochamber.me/viewtopic.php?t=60936#p2178493

Where the poster claims it is illegal to own condensers, heating mantles, 3 neck flasks, and many other items I'm sure all of us here own. Unfortunately the link he references is dead so I cannot verify the information.
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I found a few posters here on SM saying that the law only applies if you are buying or purchasing glassware when inside of Texas, and that the law has never been used before to prosecute non-meth cooks:
http://www.sciencemadness.org/talk/viewthread.php?tid=63248


I would just like someone who knows to provide some verification or input. I plan to call the Texas DPS tomorrow which regulates this particular law and explain to them my situation.


[Edited on 26-1-2017 by Lillica]

WGTR - 26-1-2017 at 05:37

Everything's bigger and better in Texas, including the exaggerated stories about it. I've looked the law over multiple times, and it only requires a (free) permit to purchase or otherwise transfer ownership of certain types of glassware when this transfer is done within the state of Texas. There's nothing illegal about owning glassware unless one is talking about a glass bong, which could be drug paraphernalia. Use common sense. If you get pulled over going 110 mph, have outstanding drug warrants, and have a car full of glassware and $10,001 cash, the glassware will give you problems. Otherwise, I would recommend having it well-packed and organized, with a legitimate reason why you have it, and then don't worry so much.

Dr.Bob - 26-1-2017 at 13:21

Federal law allows the free transport of goods through states, without having to comply with all local laws, as long as you are merely driving through them. That does not supercede federal laws, so moving pot from Co to anywhere else might be against the federal law, but moving glassware to a legal state through Texas should be fine, as long as you are not leaving it in Texas. So it really does not matter about Texas law if you are just driving through, but as stated, if you break any other laws, that can always make everything else into a mess. I would just box it all up, and not leave it out in the open. This is similar to many gun transport laws, where you can transport your gun through some states, but not carry it or use it there.

Corrosive Joeseph - 26-1-2017 at 14:07

@ OP - Welcome to the board........... Many threads on that subject by a member here known as Cou.


My interpretation of the Texas anti-glassware law - (not MY interpretation, that's the threads title)

http://www.sciencemadness.org/talk/viewthread.php?tid=65585

If you live in TEXAS, there is a LEGAL way for you to get glassware!

http://www.sciencemadness.org/talk/viewthread.php?tid=65547#...

How the Texas law against glassware began

http://www.sciencemadness.org/talk/viewthread.php?tid=65218#...

I need some clarification on the Texas DPS glassware permit

http://www.sciencemadness.org/talk/viewthread.php?tid=63248#...

I'm getting the texas DPS permit for glassware

http://www.sciencemadness.org/talk/viewthread.php?tid=62025

I'm sure there are more if you use the search function. And maybe our Super Mod, zts16 might have information for you, he's in Texas AFAIK..........


/CJ

[Edited on 26-1-2017 by Corrosive Joeseph]

[Edited on 26-1-2017 by Corrosive Joeseph]

Texium - 26-1-2017 at 15:13

I have posted in most if not all of those threads and voice my personal interpretation of the law fairly clearly, but not being a lawyer, I have recently decided not to give others any advice on what they are or are not allowed to do under the law. I think the best thing to do is to carefully read the law for yourself, and decide what you're comfortable with based on your interpretation of it. I wouldn't want to give anyone advice that could lead to them getting in trouble, even if it's worked fine for me.

Corrosive Joeseph - 26-1-2017 at 16:02

@ zts16, thanks for your input, hope you didn't mind me dropping your name............

My intent was to steer a new member in the right direction.

I haven't even read any of those threads in a while and none of them ever for more than a few posts.

All l remember was they used to pop up occaisionly and that Cou seemed quite fixated on the matter.

Maybe they might help somebody again...............


/CJ





Lillica - 2-2-2017 at 03:45

@Corrosive Joeseph

Thank you for those links. I've already read some of them, but will be giving them another look.
Quote: Originally posted by Dr.Bob  
Federal law allows the free transport of goods through states, without having to comply with all local laws, as long as you are merely driving through them. That does not supercede federal laws, so moving pot from Co to anywhere else might be against the federal law, but moving glassware to a legal state through Texas should be fine, as long as you are not leaving it in Texas. So it really does not matter about Texas law if you are just driving through, but as stated, if you break any other laws, that can always make everything else into a mess. I would just box it all up, and not leave it out in the open. This is similar to many gun transport laws, where you can transport your gun through some states, but not carry it or use it there.


Do you know what law that is about the free transport of goods through states? I think it would be handy to know it off the the of my head in case I was ever in such a situation.

Dr.Bob - 2-2-2017 at 05:03

The constitution says that no state can interfere with interstate commerce, so it has always been assumed in every law that states cannot interfere with the transport of goods from places where they are legal to other places where they are legal, even if not legal in that state. It is more of a outcome of court cases, than an actual statute. I'm not a lawyer, thankfully, but I have seen this issue in other areas, which is why I am aware of it.

JJay - 2-2-2017 at 05:31

It's a common-law question of jurisdiction. While not specifically enumerated here, such a right is clearly contemplated:

"All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

The argument would be that since this happened across state lines, you could demand to be tried in Federal court, which would summarily throw out your case.

[Edited on 2-2-2017 by JJay]