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Ely
Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hi I was involved in the selling of herbal incense but no longer

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Hi I was involved in the selling of herbal incense but no longer in the business... I had customers in texas that got into trouble and I think they gave my information since they used to pay COD... I used to ship from florida and the customers always told me the laws were ok over there... My question is can I get indicted for doing business with texas but no longer in that business?
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Ely replied 10 months ago.
Hello and thank you for requesting me.

Which compounds did you use in your herbal incense?

How long ago did you stop distribution and shut down your business?

Have you destroyed any product left over?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 10 months ago.
Hi the compounds according to the suppliers were pb22 if im not mistaken i have stop doing business almost a month ago and have no product whats so ever.... In the proccess of shutting down the corp etc.. According to the suppliers that was the compound being used I was not invoived in any manufacturing what so ever..
Expert:  Ely replied 10 months ago.
Thank you.

No doubt you have asked for me because you may have seen a previous answer I had given here.

As I predicted, the laws continued to get tighter and tighter. Now, the following is illegal in Texas - here, and in Florida - here. In addition, the federal government has made the following illegal: CP-47,497;cannabicyclohexanol or CP-47,497 C8-homolog; JWH-018 and AM678; JWH-073; JWH-019; JWH-200; JWH-250; JWH-081; JWH-122; JWH-398; AM2201; AM694; SR-19 and RCS-4; SR-18 and RCS-8; JWH-203, and virtually any "cannabimimetic agents" that are cannabinoid receptor type 1.

In July of 2012, the federal government undertook a massive sting to take down major operations and dealers of herbal incense.

At this time, if your business is shutting down, and you are no longer doing anything, it may be safe to say that likely, the authorities would not seek prosecution (yes, sending something that is legal in FL but not legal in TX to TX may be illicit under TX law; plus, federal law in any case). Is PB22 counted in TX? FL? Federal law? Not sure about TX or FL but federal law - yes, arguably.

Someone in your situation may wish to:

1) If there is a website, to make clear on the website that the company has shut down and STATE so (i.e. our company has shut down to comply with new laws by the state and federal agencies" for example). This should also be on any voice mail greetings, etc;

2) Destroy all product left over;

3) Terminate and wind up the corporation.

If the authorities see that the company has been shut down and the individuals behind it are no longer doing anything and are actively seeking to ensure that no law is broken, they are likely to leave you alone. While I cannot speak for the authorities, it may be safe to say that if the company has not gotten into trouble so far while it WAS in operation, it likely will not now. So while it is natural to be a little worried, chances are that this will blow over for you.

However, the steps above should be done, in my opinion.

The days of herbal incense are effectively over. I am sorry.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 10 months ago.
Hi, I did not have an online store I was a distributor and the supplier here in florida also got in trouble and and was paid a visit and they stated that they were asking for me since I did business in texas with the stores that got in trouble and then found out the supplier here in florida got in trouble aswell.. This is why Im worried that I can get in trouble even though Im not doing this business anymore but I did... Can I get in trouble for having participated in the past? And can I get indicted with texas?
Expert:  Ely replied 10 months ago.
C,

Ah, okay, thank you.

I cannot predict what the authorities will do. Technically, yes, one can get into trouble for sending what is legal in FL but illegal in TX into TX.

However, the prosecutors in Texas have much bigger fish to fry than a small company out of state that has shut down voluntarily. So the chances of you being prosecuted now are slim. The authorities are now focusing on companies that are ignoring/circumventing the ban and are actively still doing business with herbal incense.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 10 months ago.
Yes but can one get indicted for having participated and no longer doing so? For past involvement?
Expert:  Ely replied 10 months ago.
C,

Technically - yes. But only if the make up of the product was illegal at the time. In other words, if your particular chemical composition was not illegal in 2011, you could not be held liable for actions in 2011. If it was illicit in 2011, then you could be.

Needless to say, since 2013, most chemical compositions are illicit now.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 10 months ago.
Last question I forgot about can they come after any assets like personla belongings and company bank account or any other accounts linked to me?
Customer: replied 10 months ago.


Last question I forgot about can they come after any assets like personla belongings and company bank account or any other accounts linked to me?


Expert:  Ely replied 10 months ago.
Please ask as much as you need to; for this is why I am here.

Technically, if they charge an individual, and if that individual is convicted, then assets directly related to and/or resulting from the illegal actions may be seized - yes. But that is all. Not simply other assets that have nothing to do with the matter.

But that is the worst case scenario, of course.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86626
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 5 other Criminal Law Specialists are ready to help you
Customer: replied 10 months ago.
I hate to ask since I have never been in a situation like this and feel very worried.. If worse case scenerio will this cause any incarceration?
Expert:  Ely replied 10 months ago.
Hello friend,

You are catastrophizing. This is when you imagine the worst case scenario and your mind simply begins to think about it as though it is an impending fact. See here.

It is understandable to feel worried, but please do not allow that worry to consume you.

The issue here is that it depends under which law one is charged, if they are charged. Federal law and Texas law both do carry a possibility of incarceration for selling of this product. Under Texas, a person could be sentenced to one year in jail and a fine of up to $4,000. Under federal law, calculation for incarceration is complex.

However, again:

1) The chances of one being charged are weak;
2) The chances of convicted are even less;
3) There are pre-trial deferment and alternative programs that do not carry incarcerations; and
4) First-time, non-violent crime rarely result in incarceration.

However, again, I highly doubt that this is even going to be an issue provided one destroys the stock they have, close down the corporation, and simply go on with life, showing that they are not in the business. The authorities generally expand their energy and man-hours into active traders of the compound and its alternatives. You are not longer a hot target, arguably.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.

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