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calmonte
Feb 13, 2016
I strongly suggest you check with your legal council before you quote the US Constitution as the source allowing you to ship an item prohibited by state law to customers within that state. State regulation of commerce is respected only when preempted by federal law. Unless you get your kangaroo products cover by congress, California can restrict them within the borders of the state. Check in with our local CA based wineries who would love to ship to states that don't allow it.
Let's use an example - Massdrop vendors can not ship certain knives into Canadian states where they are prohibited. They will potentially be confiscated and the recipient can be fined. Usually isn't buy could be. Let's use another hypothetical - in a state where cannabis products are legal you can not use the commerce clause to then ship them into a state where they're not legal, can you?
I don't have an actual issue with kangaroo leather - the issue is observing state laws beach they're LAWS. The state gave businesses carrying kangaroo products years to liquidate stick so no one would be left holding soccer shoes they then couldn't legally sell.
The likelihood is good you could sell your kangaroo journals into my state without getting caught. But you shouldn't.
calmonteCalmonte,
I agree, and we are exploring the issue further. My response above was simply my best guess, we are working with Massdrop to conduct due diligence on the issue as we speak.
The thing that makes this complicated legally is that possession of Kangaroo leather goods is not illegal in California, only possession with intent to sell. So the recipient isn't breaking the law as is the case in the examples you've mentioned.
Additionally, due to massdrop's unique business model - there is no legal precedent that we have found yet to make it clear who the seller is.
Essentially it comes down to where the sale itself legally happens, and this is still new territory in ecommerce. If the sale happens in Illinois, to a California citizen, then neither party is breaking the law. If the sale is legally defined as taking place in California, then it is restricted. We are working to figure that out now.
Thank you for keeping us posted about the recent change in law, and we will certainly be complying with any and all regulations if we can verify that they are applicable to this specific type of transaction.
- Chad
Liz
1159
Feb 14, 2016
calmonteHey @calmonte, thanks for bringing this up.
We definitely want to comply with CA law, and I've forwarded this issue so that our legal team can let us know the best way to proceed. Note the holiday tomorrow, but I'll post as soon as I know more about any changes we'll have to make to the drop.
For anyone in CA who has joined, or is thinking about joining the drop, please be aware that we may not be able to fulfill your order due to legal restrictions.
Thanks all!