Is the website video2mp3.net legal?

Legal implications of U.S. based Marijuana Cultivation Website

• What are the legal implications of running a Marijuana Cultivation based website? I ran a website by the name of HempCultivation.Com that was a vBulletin discussion board based community much like Marijuana.Com, however the information was dedicated to the cultivation. This included moderated discussions of everything from germination to harvest and curing. There is no allowed discussion of selling or purchasing of anything illegal, ie. seeds, product, etc. The website is simply a place of information exchange in grow documentaion and journaling. Specifically, I am concerned with the legal implications of the RICO and MAPA (Methamphetime and Proliferation Act)acts as it relates to the manufacturing of a controlled substance, Conspiracy and/or Racketeering charges. I have always assumed this was protected under the U.S. Constitutions First Amendment, however with the recent arrest and closure of the popular Overgrow.Com and owner I now have my concerns. Ref: http://www.marijuana.com/420/showthread.php?t=44523 News of 'conspiring for the purpose of cannabis cultivation via the Internet' http://www.marijuana.com/420/showthread.php?t=44554 My interview on reasons for shutting the cultivation website down. Does anyone have any advice on this topic please? Thank you in advance, Rick

• Answer:

  Hello Rick, Based on your original question and subsequent clarification I have come up with some information with the intent of helping you inform yourself prior to meeting with legal counsel. First, let's consider the closure of Overgrow.com (along with multiple other sites operated by Heaven's Stairway) in relation to the operation of your HempCultivation.com. JURISDICTION The dismantling of Heaven's Stairway was conducted by the Royal Canadian Mounted Police (RCMP) within the province of Quebec. The actual operation was conducted by the newly formed Marijuana Grow Operations Enforcement Team. Since you run your company and website from a different jurisdiction you would not fall under the scrutiny of this group even if you were engaged in activity considered illegal. Instead, it would be worthwhile to try and find out if the equivalent task force or agency responsible in your jurisdiction has conducted a similar operation. This is not to say that you would be accountable if there were, as there are significant differences between Heaven's Stairway and your company from what you have told me. More on this below. ILLEGAL ACTIVITY From the newswire reference provided: "The cybercompany Heaven's Stairway used the Internet sites hempqc.com, cannabisworld.com, overgrow.com, eurohemp.com, cannabisseeds.com, and cannabisbay.com. These sites were used to order cannabis seeds online and obtain information on cannabis cultivation. These Internet sites also suggested ways to outsmart the police." I believe that the combination of providing cookbook-style instructions along with the key ingredients for the cultivation of marijuana resulted the action being illegal. The reason for this is that the company didn't fall into either of these categories: a) The company provided only information and did not facilitate that the information be used to conduct illegal activity. b) The company only provided access to certain products without reference to what can be done with those products. Now this one is probably a weaker argument since there are a limited number of things you can do with cannibus seeds (as far as I know). Additionally, the fact that instructions were provided on how to outsmart authorities gave a clear indication of their specific intent (and therefore the conspiracy charges). PHYSICAL OPERATION Heaven's Stairway, in addition to it's websites, had a structured operation for obtaining, marketing, and selling cannabis seeds. The fact that they used regular mail and were also involved in doing the same outside of their jurisdiction made them high-profile targets. In my opinion, I don't believe their OverGrow.com would have been as highly visible to authorities if it weren't attached to a physical operation of this scale. That is not to pass judgement on whether or not it was legel according to the governing legislation, but if this site operated in isolation the chance of "getting busted" would have been significantly reduced. RISK OF ASSOCIATION WITH CONTROLLED SUBSTANCES The most concerning point from your perspective is that cannabis seeds are considered a controlled substance in this case. If that is also true in your jurisdiction, it is cause for concern. The reason being is due to your provision of sources of this substance (via your advertising). As mentioned in the newswire, the database of clients for this company are now accessible to authorities and could face prosecution. However, authorities typically go after physical operations, as their mandate is to control the flow of controlled substances. By their logic, doing so would eliminate\reduce the value of sites such as yours. I do know for a fact that Canada has classified cannabis seeds in a secondary group, and as a result crimes related to this particular controlled substance have less severe punishments. The same cannot be said for the USA, where cannabis seeds are categorized along with cocaine and heroin. In your case, you don't have clients, but you do have a list of members (unless you destroyed this information), many of whom use your advertising as a means of obtaining controlled substances. Techniques are available to cross-reference membership lists with IP addresses and online advertising databases. However, I haven't seen any busts operate in this fashion - there is a tendency to go after the source rather than the spinoff businesses. SUGGESTIONS FOR LIMITING LIABILITY 1. Eliminate all advertising for companies who sell controlled substances. Anything that is classified as "drug paraphenalia" should be treated the same way as per MAPA Section 3a - I believe a GrowLight would fall into this classification however I would confirm that with legal counsel. Seed suppliers certainly should not exist on the site. A link to the Act is here: http://www.house.gov/cannon/meth_text.html 2. Never allow information on ways to bypass the authorities to enter your site. Add this to your AUP if it is not already there. 3. Create a new section on the site that covers the potential consequences of using information on the site for illegal purposes in the jurisdictions where the majority of your users reside. 4. Limit your operations in this area to information - do not have any physical trace of equipment or illegal substances linked to you or your corporation. I hope the information above will give you some areas of discussion with your lawyer. If you are unclear on anything above, please post a clarification and I will respond promptly. Cheers! answerguru-ga