Tuesday

2

April 2024

Question: Are Nootropics Legal?

Written by , Posted in Criminal Law

Answer: Yes. In the United States, nootropics are legal to buy over-the-counter as long as they do not contain controlled substances. They are popular supplements, and most of us have some form of nootropics in our medicine cabinet.

The legality of nootropics is governed by federal laws and regulations, primarily the Dietary Supplement Health and Education Act (DSHEA) of 1994. Under DSHEA, dietary supplements, including many nootropics, can be sold and marketed without prior approval from the Food and Drug Administration (FDA), provided they meet certain criteria:

  • The product must be intended to supplement the diet
  • It must contain one or more dietary ingredients (vitamins, minerals, herbs, amino acids, etc.)
  • It must be labeled as a dietary supplement
  • It must not be represented as a conventional food or sole item of a meal or diet

However, the FDA does have the authority to take action against manufacturers if their products are found to be unsafe or if their claims are false or misleading. In our opinion, the U.S. is relatively lax on nootropic compounds compared to other countries.

Sadly if there is a conflict of interest and a natural supplement has potential to take away market share from new and expensive pharmaceutical drugs, lobbying of government officials is common and the banning of natural substances has been known to happen.

High-performing nootropic compounds with allegedly the strongest brain-boosting and neurorestorative properties such as Semex and Noocube are still legal and available as of March 2, 2024, but the future is not guaranteed.

bottle of green nootropic pills reference illustration

Specific nootropics and their legal status:

  • Racetams (e.g., Piracetam, Aniracetam): Racetams are synthetic compounds that are not approved for medical use in the United States. However, they are generally considered legal to purchase and possess for personal use. We’ve seen the bottles from Nootropics Depot labeled as “for non-clinical research use only” as a way for them to cover their backsides in case of an overdose or in case of future litigation.
  • Natural nootropics (e.g., Bacopa Monnieri, Ginkgo Biloba): Most natural nootropics are legal in the United States when sold as dietary supplements, provided they comply with DSHEA regulations.
  • Prescription nootropics (e.g., Modafinil, Adderall): These substances are only legal when prescribed by a licensed medical professional for treating specific conditions, such as narcolepsy or ADHD. Possessing or using them without a valid prescription is illegal.

It’s essential to note that some states may have stricter laws and regulations regarding nootropics. Always check your local laws to ensure compliance.

Big List of Common but “Edgy” brain vitamins and if they are clearly legal or not:

  • Cyclazodone (legal status unclear, not approved for human consumption)
  • Phenibut (unscheduled but not approved as a dietary supplement by the FDA)
  • IDRA-21 (legal status unclear, not approved for human consumption)
  • NSI-189 (legal status unclear, not approved for human consumption)
  • Adrafinil (unscheduled but not approved as a dietary supplement by the FDA)
  • 9-Me-BC (legal status unclear, not approved for human consumption)
  • Sunifiram (legal status unclear, not approved for human consumption)
  • Picamilon (banned by the FDA, not allowed to be sold as a dietary supplement)
  • Cortexin (not approved for use in the US)
  • PRL-8-53 (legal status unclear, not approved for human consumption)
  • NACET (legal status unclear, not approved for human consumption)
  • Selank (legal status unclear, not approved for human consumption)
  • Semax (legal status unclear, not approved for human consumption)
  • TAK-653 (legal status unclear, not approved for human consumption)
  • Coluracetam (legal status unclear, not approved for human consumption)
  • Fasoracetam (legal status unclear, not approved for human consumption)
  • Hydrafinil (legal status unclear, not approved for human consumption)
  • Armodafinil (Schedule IV controlled substance, requires prescription)
  • Modafinil (Schedule IV controlled substance, requires prescription)
  • J147 (legal status unclear, not approved for human consumption)
  • Bromantane (legal status unclear, not approved for human consumption)
  • Unifiram (legal status unclear, not approved for human consumption)
  • Nefiracetam (legal status unclear, not approved for human consumption)
  • Phenylpiracetam (legal status unclear, not approved for human consumption)
  • Tropisetron (approved for use in the US as an anti-nausea medication, requires prescription)
  • Cerebrolysin (not approved for use in the US)
  • F-Phenibut (legal status unclear, not approved for human consumption)
  • Fladrafinil (legal status unclear, not approved for human consumption)

 

Examples of a Nootropics Company Getting into Legal Trouble

In August 2023, Nootropics Depot and its owner, MisterYouAreSoDumb, were charged by the US Department of Justice with criminal counts related to the sale of tianeptine, adrafinil, phenibut, and racetam drugs between April 2017 and December 2021. The company Centera Bioscience received one count, while the general manager received two counts.

The charges against Nootropics Depot are part of a larger crackdown on supplements and nootropics led by Dr. Pieter D. Cohen, who has been criticized for his aggressive stance against these substances. The case has sparked discussions about the regulation of nootropics, the role of online communities in shaping public opinion, and the potential biases of those involved in the industry.

Legal Status of Nootropics in Europe In Europe

The legal status of nootropics is determined by the European Union (EU) regulations and individual country laws. As a dual-citizen of the US and EU, I would state:

The European Food Safety Authority (EFSA) is responsible for assessing the safety of food supplements, including nootropics. They provide guidelines and opinions on the use of various substances, which member states can use to establish their own regulations.

Country-specific laws and regulations:

  • United Kingdom: In the UK, most nootropics are legal to purchase and possess, provided they are not sold as medicines or make medicinal claims. However, some nootropics, such as Modafinil, require a prescription.
  • Germany: Germany has stricter regulations on nootropics compared to many other EU countries. Some racetams, like Piracetam, are only available with a prescription.

Legal Status of Nootropics in Other Regions

Asia:

  • China has a complex regulatory system for nootropics, with some substances being legal and others requiring a prescription or being banned altogether.
  • Japan has a more lenient approach to nootropics, with many substances available over-the-counter or online.

Australia and New Zealand:

  • The Therapeutic Goods Administration (TGA) regulates nootropics in Australia. Many natural nootropics are legal, while synthetic substances may require a prescription or be prohibited.

South America:

  • Brazil has a growing nootropics market, with many substances legal to purchase and consume.
  • Argentina has a legal framework similar to the United States, with most nootropics falling under dietary supplement regulations.

Legality of Purchasing and Possession of Nootropics

When buying nootropics online, it’s crucial to understand the legality of your purchase. Domestic purchases are generally safer, as they are subject to your country’s laws and regulations. International purchases may be riskier, as substances legal in one country may be illegal in another.

Always purchase nootropics from verified, reputable sources to ensure quality and safety. Buying from unverified sources may expose you to counterfeit or contaminated products, which can be harmful to your health.

Possessing illegal nootropics can lead to serious legal consequences, including fines and imprisonment. Always research the legal status of a substance before purchasing or using it.

Future Developments in Nootropic Legislation

As research on nootropics continues to expand, governments worldwide may update their regulations to address new findings and emerging trends. Some countries may choose to tighten their control over these substances, while others may opt for a more relaxed approach.

Staying informed about the latest developments in nootropic legislation is essential for anyone interested in using these cognitive enhancers. Regularly check your local laws and consult with legal experts if you have any doubts or concerns.

FAQs

  1. Q: Are all nootropics legal in the United States? A: No, not all nootropics are legal in the U.S. Some, like prescription drugs (e.g., Modafinil, Adderall), are only legal with a valid prescription. Others, such as many natural nootropics, are legal when sold as dietary supplements.
  2. Q: Can I buy nootropics online legally? A: It depends on the specific nootropic and your location. Some nootropics are legal to purchase online, while others may require a prescription or be prohibited altogether. Always research your country’s laws before making an online purchase.
  3. Q: What happens if I possess an illegal nootropic? A: Possessing an illegal nootropic can lead to serious legal consequences, such as fines and imprisonment. The severity of the punishment depends on the substance, quantity, and your location.
  4. Q: Are nootropics regulated by the FDA? A: The FDA does not regulate most nootropics, as they are classified as dietary supplements under DSHEA. However, the FDA can take action against manufacturers if their products are unsafe or their claims are false or misleading.
  5. Q: Can I travel internationally with nootropics? A: It depends on the laws of the countries you are traveling to and from. Some nootropics may be legal in one country but illegal in another. Always research the laws of your destination country and consult with customs officials before traveling with nootropics.
  6. Q: Are natural nootropics safer than synthetic ones? A: Not necessarily. While many natural nootropics have a history of safe use, they can still cause side effects or interact with other medications. Synthetic nootropics may be more potent but also have a higher risk of adverse effects. Always consult with a healthcare professional before using any nootropic.
  7. Q: Can I get a prescription for nootropics? A: Some nootropics, like Modafinil and Adderall, are prescription drugs in many countries. To get a prescription, you must have a diagnosed condition that the drug is approved to treat, such as narcolepsy or ADHD. Doctors do not typically prescribe nootropics for cognitive enhancement in healthy individuals.
  8. Q: Are there age restrictions for buying nootropics? A: Age restrictions for purchasing nootropics vary by country and the specific substance. In the United States, you must be at least 18 years old to purchase dietary supplements, which include many nootropics. Prescription nootropics may have different age requirements.
  9. Q: How can I ensure I’m buying nootropics from a reputable source? A: To ensure you’re buying from a reputable source, look for companies that:
    • Provide third-party lab testing results for their products
    • Have a good reputation and customer reviews
    • Clearly list ingredients and dosages
    • Offer transparency about their manufacturing processes
    • Have a physical address and contact information
  10. Q: Can I legally sell nootropics? A: The legality of selling nootropics depends on the specific substance and your location. In the United States, you can legally sell most nootropics as dietary supplements if you comply with DSHEA regulations and do not make false or misleading claims. Always research your local laws and consult with legal experts before selling any nootropics.

In Summary

The legal status of nootropics varies globally, with regulations differing between countries and even states within a country. In the United States, many nootropics are legal when sold as dietary supplements, while Europe has a more complex regulatory framework governed by the EFSA and country-specific laws.

As a prospective nootropic user, it is your responsibility to stay informed about the legal status of these substances in your region, especially if they are a controlled substance.

[CONTACT THE ATTORNEY WHO ANSWERED THIS QUESTION]

Sunday

31

March 2024

Question: Growing Your Own Food, Is it Legal?

Written by , Posted in Land Use and Zoning Law

Answer: Yes, it is legal to grow your own food in most countries around the world, including the United States, as long as you are doing so on your own property or on property where you have permission to garden. However, there may be specific local ordinances, HOA rules, or rental agreement terms that restrict or regulate the types, quantities, or locations of plants that can be grown. These regulations might address concerns such as maintaining sightlines for drivers, controlling pests, or preventing agricultural activities in residential areas.

We recommend you check with local authorities, your HOA (if you have one) or any landlords to ensure compliance with any applicable rules or regulations.

oregon garden growing food in backyard 2

Laws Concerning Growing Your Own Food

When it comes to growing your own food, there are federal, state, and local laws and regulations to consider. At the federal level, the Right to Farm Act protects farmers from nuisance lawsuits, while the Food Safety Modernization Act (FSMA) sets standards for the safe growing, harvesting, and handling of produce. However, these laws primarily apply to commercial farming operations, not home gardens.

State laws and regulations vary widely, with some states having more permissive laws than others. For example, California’s Neighborhood Food Act allows residents to grow food on their own property, regardless of local zoning ordinances. Other states, like Michigan, have passed laws protecting the right to farm and the right to keep backyard chickens.

We know it can be an un-optimal and frustrating situation, but local ordinances and zoning laws can have the most significant impact on your ability to grow food at home. These regulations may restrict the types of plants you can grow, the size and location of your garden, and even your ability to raise chickens or other livestock. It’s essential to research and understand the specific laws and regulations in your area before starting your home garden.

Common Legal Q&As

  1. Is it legal to grow vegetables in my backyard? In most cases, yes. However, we recommend you  check your local zoning laws and homeowners’ association rules to ensure there are no restrictions on home gardening.
  2. Can I sell the excess produce from my home garden? It depends on your local laws and regulations. Some areas may require permits or licenses for selling homegrown produce, while others may have more relaxed rules.
  3. Do I need a permit to start a home garden? Generally, no. However, if you plan on making significant changes to your property, such as building raised beds or installing irrigation systems, you may need to obtain permits from your local government.
  4. Are there any restrictions on the types of plants I can grow? Of course. Some local laws may restrict the cultivation of certain plants, such as cannabis or invasive species. Additionally, if you live in a homeowners’ association, there may be rules about the types of plants you can grow in your yard.
  5. Can I raise chickens or other livestock for personal consumption? The legality of keeping chickens or other livestock varies widely by location. Some cities and towns allow backyard chickens, while others prohibit them. Be sure to check your local laws and regulations.
  6. Are there any water usage restrictions for home gardening? During times of drought, some areas may implement water usage restrictions that could impact your ability to water your garden. It’s important to stay informed about local water conservation measures and adjust your gardening practices accordingly.
  7. Can I use pesticides or fertilizers in my home garden? Yes, but it’s crucial to follow the manufacturer’s instructions and any local regulations regarding the use of pesticides and fertilizers. Opt for organic and natural alternatives whenever possible to minimize environmental impact.
  8. Are there any legal requirements for composting? Composting laws vary by location. Some cities and towns have specific guidelines for composting, such as the types of materials you can include and the location of your compost bin. Check with your local government for specific requirements.
  9. Can I share my homegrown produce with neighbors or friends? In most cases, yes. However, if you plan on regularly distributing large quantities of homegrown produce, you may need to look into local food safety regulations and permits.
  10. What are the legal implications of starting a community garden? Community gardens are subject to local laws and regulations, which may include zoning restrictions, liability concerns, and rules about the distribution of produce. If you’re interested in starting a community garden, work with your local government and experienced community garden organizers to ensure compliance with all applicable laws.

Re-cap

Growing your own food can be a rewarding and enriching experience, but it’s crucial to understand the legal aspects involved. By familiarizing yourself with the federal, state, and local laws and regulations surrounding home gardening, you can ensure that your garden is compliant and avoid potential legal issues.

Remember to stay informed about local ordinances, zoning laws, and water usage restrictions, and don’t hesitate to reach out to local resources, such as cooperative extension offices and gardening clubs, for guidance and support. Very importantly, staying informed and compliant with all applicable laws is essential for anyone considering growing marijuana/weed or any other controlled substance.

[CONTACT THE ATTORNEY WHO ANSWERED THIS QUESTION]

Thursday

14

March 2024

Question: Is it illegal to burn money?

Written by , Posted in Statutory Law

Answer: Yes. There is actually a law against burning money.  According to Title 18, Section 333 of the United States Code, it is illegal to “mutilate, cut, deface, disfigure, or perforate, or unite or cement together, or do any other thing to any bank bill, draft, note, or other evidence of debt issued by any national banking association, Federal Reserve Bank, or Federal Reserve System, with intent to render such item(s) unfit to be reissued.”

While the law does not explicitly mention “burning,” this act clearly fits into the category of mutilation or defacement intended to render the currency unfit for reissue. Thus, burning money in the U.S. could be deemed illegal under this statute, especially if done with the intent to deface or destroy the currency.

It’s unlikely you’ll face consequences if you’re burning a small amount of money in private, but know that technically it’s illegal. Also, there’s a difference between burning a few small bills as a symbolic gesture versus systematically destroying large sums of money. Burning a couple dollars might go unnoticed, but setting hundreds of thousands of Dollars ablaze is much more likely to attract legal scrutiny.
burning money benjamins political protest

Why Is it Illegal?

Burning or otherwise mutilating money is illegal because the government wants to preserve the integrity and stability of the nation’s currency system. There are several key reasons behind why they made laws against burning currency:

  1. Preservation of National Wealth: Currency represents a country’s economic stability and wealth. When money is destroyed, especially in large quantities, it can potentially lead to a loss in the overall monetary supply, affecting the nation’s economy. Although the physical act of burning a small amount of currency might not significantly impact an economy, the legality sets a precedent to prevent more substantial losses. In the past, when only physical money existed, this was a big deal and laws were needed to protect the money supply against nefarious actions by enemy states or in times of revelation or civil war.
  2. Cost of Replacement: Money that is damaged or destroyed needs to be replaced, which incurs a cost. Printing new currency involves significant resources, including materials, labor, and security measures. Laws against mutilating currency help minimize these unnecessary expenses.
  3. Trust in the Currency System: Confidence in the currency system is crucial for its stability. Laws against destroying currency reinforce the idea that the national currency is a protected and valued symbol of the economy. Such legal protections help maintain public and international confidence in the currency’s value and stability.
  4. Prevention of Fraud: We think a BIIIG reason for these laws is to prevent fraud! By making it a crime to mutilate currency, the government can prosecute attempts to alter banknotes to increase their value or to reuse materials from higher denomination notes for counterfeiting purposes.
  5. Cultural and Symbolic Respect: Currency often carries significant cultural and historical symbols. Laws against destroying currency also serve to respect and preserve these symbols, which might represent important national figures, historical events, or national heritage.

As satisfying as it might feel to set your cash aflame, in the U.S. and many other countries, burning money is generally illegal when done with currency that is still in circulation. Engaging in such behavior can result in fines and even imprisonment, especially if done on a large scale or with fraudulent intent.

What About Burning Money for Artistic or Political Statements?

There might be certain artistic or expressive contexts, like a film production or political protest, where burning a small amount of money could potentially be permitted as free speech. It’s advisable to check the laws and regulations in your local area or consult with a legal professional to understand the specifics regarding money burning.

While freedom of expression is protected under the First Amendment in the United States, the law against currency mutilation remains applicable. That said, the government’s interest in prosecuting such cases might weigh the public interest in freedom of expression against the need to maintain the integrity of the currency. In other countries, laws and enforcement will vary, and such acts could be more likely to result in legal consequences, particularly if they’re viewed as damaging to the national economy or disrespectful to national symbols. In other words, in 2024 we’d recommend not setting Rubles on fire in Moscow as an act of protest against Putin’s government.

In Summary

In conclusion, while the act of burning money may be seen by some as a form of expression or protest, it is important to be aware of the legal boundaries within your jurisdiction. Given the potential for fines and imprisonment, those considering such actions should thoroughly understand their local laws and weigh the consequences. We’d recommend consulting with a legal professional can provide clarity and guidance on this complex issue.

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Monday

26

February 2024

Question: Is Tren Legal?

Written by , Posted in Criminal Law

Answer: No. If you’re buying it for yourself (a human) or another person for their use, it is not legal and we’d advise against it. Tren (also known as Trenbolone) however is perfectly legal for veterinary use.

If you’re on a “cycle” taking Tren and buying small amounts for yourself, it’s honestly quite unlikely that you will ever get caught with it and prosecuted by law enforcement, but a misdemeanor can always happen.

tren and test cyp injection needle photoIf you’re buying Tren in bulk and distributing it and are a “dealer,” then things get much more dicey and you can be heavily in felony territory for potential interstate drug trafficking and other federal and state charges. The “it’s for cattle!” argument may or may not hold up with the local police or the courtroom. Also, if you’re doing other illegal activities at the same time, then your risk profile goes much higher. As many defense lawyers would advise their clients, “only commit one felony at a time!”

Regardless, each year hundreds of thousands of bodybuilding and strength training men in the U.S. (and worldwide) skirt the law indulge in this anabolic steroid and swear by it due to it’s powerful effects on their physical and mental state. If the failed war on drugs is any indication, this trend will continue in the black market anabolic steroids world as well.

If you’ve already made up your mind and want to get started taking Tren regardless of the legal aspects, you can also explore variations such as TRENOROL and D-BAL MAX. Users report that they are extremely potent, so you might not even need anything else riskier from a hormonal and legal perspective.

Legal Status of Trenbolone in Human Use

Globally, the legal framework governing Trenbolone’s use in humans is quite stringent due to its popularity. It is classified as a controlled substance in many countries, reflecting its potential for abuse and health risks.

Legal Implications: The classification of Trenbolone as a Schedule III controlled substance makes it illegal to possess, distribute, or manufacture the substance without proper authorization, such as a prescription or a license. Violating these regulations can result in significant legal consequences, including fines and imprisonment. This rarely happens for small amounts and we haven’t heard of a case like this coming across the desk of a defense lawyer we know, but it can and does happen.

United States: The Anabolic Steroid Control Act of 1990 placed Trenbolone on the list of controlled substances, making its possession without a prescription illegal. Under this Act, it was classified as a Schedule III controlled substance. This classification indicates that Tren has a potential for abuse less than the substances in Schedules I and II (which include substances like cocaine and methamphetamine) and abuse may lead to moderate or low physical dependence or high psychological dependence. Of course this addiction-based logic isn’t exactly realistic for anabolic steroids, but we feel that it was difficult to write a separate law just for steroids on the grounds of public health so this was the path that lawmakers chose.

Enforcement and Penalties: The enforcement of the Anabolic Steroid Control Act is carried out by various federal agencies, including the Drug Enforcement Administration (DEA). The penalties for trafficking, manufacturing, or possessing anabolic steroids like Trenbolone can be severe. Trafficking penalties are felonies and can range from five years in prison and a $250,000 fine for a first offense, with increased penalties for subsequent offenses. In some states, jail time for selling controlled substances can range from six months to 20 years, depending on the offense and your criminal history. Ouch!

Note: Law enforcement in many left-leaning states and cities look the other way when they see needles, and states such as Oregon have completely decriminalized possession of small amounts of hard drugs, so we wouldn’t expect much legal troubles there for users with small amounts of anabolic steroids such as Tren or equipoise, masteron, deca-durabolin, winstrol, dianabol, etc. But it can still happen of course, and we wouldn’t recommend it.

Legality outside of the USA?  Please do your own research and get legal counsel in whichever country you’re in if you plan to consume Tren in as part of your strength training routine. Below is a general guideline however for Americans traveling abroad to common destinations:

European Union: Similar controls exist, with member states enforcing regulations that prohibit the sale and possession of Trenbolone for human use. The classification and control of substances like this for human use are outlined by the Council Directive 2001/83/EC, which provides a code for human medicines. This directive lays the groundwork for member states to categorize Trenbolone as a controlled substance, with its possession and sale without authorization being prohibited.

Canada and Australia: These countries also classify Trenbolone as a controlled substance, highlighting a global consensus on its regulation. In Canada, the Controlled Drugs and Substances Act (SC 1996, c 19) serves as the cornerstone for drug control policies, including the regulation of anabolic steroids. In Australia, it’s is classified under Schedule 4 (Prescription Only Medicine) and Schedule 9 (Prohibited Substance) in the SUSMP, depending on its form and intended use. Schedule 4 classification allows for its use in veterinary medicine under strict control, while Schedule 9 reflects its illegal status for human use, prohibiting its sale, supply, and possession. Australia is particularly strict on all forms of illegal substances, and it’s border is heavily monitored, much more than any other country in our experience.

Legal Use in Veterinary Medicine and Livestock Management

trenbolone acetate vial and boxDespite its prohibition in human medicine, Trenbolone is widely used in veterinary practices, particularly in livestock management, to promote muscle growth and appetite.  This means that it’s easier for individuals to get their hands on this compound, since it’s legally made and sold.

  • Veterinary Regulations: In the US, Trenbolone is available for use in livestock through veterinary prescription under specific guidelines set by the Food and Drug Administration (FDA). It increases protein synthesis, enhancing the efficiency of meat production. This drug was primarily designed to promote muscle mass and appetite in cattle during transportation, ensuring that animals could maintain their weight and condition even when food was scarce during long hauls on trucks/trains. It is sold under brand names such as Finajet and Finaplix, or as a generic injectibles and pellets.

 

Legality in Sports and Doping Regulations

The use of Tren in sports is prohibited by major anti-doping organizations due to its performance-enhancing effects.

  • Anti-Doping Regulations: The World Anti-Doping Agency (WADA) lists it as a banned substance in and out of competition.
  • Doping Cases: Athletes found using it face sanctions, including bans and disqualifications. An example is a sprinter who received a four-year ban after testing positive for Trenbolone.
  • Detection and Testing: Advanced methods, such as mass spectrometry, enable the detection of Trenbolone metabolites in urine samples, ensuring athletes’ compliance with anti-doping rules.

Additional Legal Aspects for Human Use

The illegal possesion and use of Tren carries significant legal penalties, reflecting the substance’s potential for harm.

  • Penalties: Depending on the jurisdiction, penalties can range from fines to imprisonment. For instance, under US federal law, unauthorized possession of anabolic steroids can lead to up to one year in prison for a first offense. Regarding distribution in the US, under 21 U.S.C. § 841, the line is clear. Sell or distribute steroids without authorization, and you’re in for trouble. Personal possession is less severe, but we still wouldn’t want to be caught up in it. Note: See our detailed page on testosterone and buying illicitly versus a TRT doctor
  • Legal Defenses: In rare cases, defenses such as medical necessity might be considered, although this is uncommon for Trenbolone due to its lack of approval for human use.
  • Prevalence of Misuse: Despite legal restrictions, this and other anabolic steroids remain popular among some bodybuilders and athletes seeking to enhance physical performance and appearance, indicating ongoing challenges in enforcement and education.

[CONTACT THE ATTORNEY WHO ANSWERED THIS QUESTION]

Note: this is not legal advice , and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser; we do not recommend or endorse the contents of the third-party sites.

Monday

19

February 2024

Question: Is it legal to marry your first cousin?

Written by , Posted in Family Law

marriage of relatives next to lake alabama

Answer 1 : It may be legal. The answer depends on your state’s laws if it is legal or not to marry your first cousin in the United States. In some cultures it’s much more common, and I know of several acquaintances that that have married first cousins. Though second cousin marriage is much more common  Below is the state-by-state outline:

States Allowing First Cousin Marriages Without Restrictions:

  • Alabama: Yes it is legal in this state. Alabama Code Title 30. Marital and Domestic Relations.
  • Alaska: Yes it is legal in this state. Alaska Statutes Title 25. Marital and Domestic Relations.
  • California: Yes it is legal in this state. California Family Code, Division 3, Marriage.
  • Colorado: Yes it is legal in this state. Colorado Revised Statutes Title 14. Domestic Matters.
  • Connecticut: Yes it is legal in this state. Connecticut General Statutes Title 46b. Family Law.
  • District of Columbia: Yep it is legal in this state. D.C. Code § 46-401.01. Marriages.
  • Florida: Yes it is legal in this state. Florida Statutes Title XLIII, Domestic Relations.
  • Georgia: Yep it is legal in this state. Georgia Code Title 19. Domestic Relations.
  • Hawaii: Yes it is legal in this state. Hawaii Revised Statutes § 572-1. Marriage.
  • Maryland: Yes it is legal in this state. Maryland Family Law Code, Title 2. Marriage.
  • Massachusetts: Yes it is legal in this state. Massachusetts General Laws, Chapter 207. Marriage.
  • New Jersey: Yes it is legal in this state. New Jersey Statutes Title 37. Marriages and Married Persons.
  • New Mexico: Yes it is legal in this state. New Mexico Statutes Chapter 40. Domestic Affairs.
  • New York: Yes it is legal in this state. New York Domestic Relations Law, Article 3.
  • North Carolina: Yes, it is legal in this state. North Carolina General Statutes Chapter 51. Marriage.
  • Rhode Island: Yes, it is legal in this state. Rhode Island General Laws Title 15. Domestic Relations.
  • South Carolina: Yep, it is legal in this state. South Carolina Code of Laws Title 20. Domestic Relations.
  • Tennessee: Yes it is legal in this state. Tennessee Code Title 36. Domestic Relations.
  • Vermont: Yes it is legal in this state. Vermont Statutes Title 15. Domestic Relations.
  • Virginia: Yes it is legal in this state. Code of Virginia Title 20. Domestic Relations.

States with Restrictions:

  • Arizona: Maybe legal, there are conditions. Please see: Arizona Revised Statutes § 25-101. Conditions for marriage.
  • Illinois: Maybe legal, there are conditions. Please see: 750 ILCS 5/212. Illinois Marriage and Dissolution of Marriage Act.
  • Indiana: Maybe legal, there are conditions. Please see: Indiana Code Title 31. Family Law and Juvenile Law.
  • Maine: Maybe legal for you, there are conditions. Please see: Maine Revised Statutes Title 19-A, §650. Marriage.
  • Utah: Maybe legal, there are conditions. Please see: Utah Code § 30-1-1. Marriages prohibited and void.
  • Wisconsin: Maybe legal, there are conditions. Please see: Wisconsin Statutes & Annotations § 765.03. Marriage contract, how made; officiating person.

States Prohibiting First Cousin Marriages:

  • Arkansas: No, it is not legal for you. Please see: Arkansas Code Title 9. Family Law.
  • Delaware: No, it is not legal. Please see: Delaware Code Title 13. Domestic Relations.
  • Idaho: No, it is not legal. Please see: Idaho Code Title 32. Domestic Relations.
  • Iowa: No, it is not legal in this state. Please see: Iowa Code Title XV. Judicial Branch and Judicial Procedures.
  • Kansas: No, it is not legal. Please see: Kansas Statutes Chapter 23. Family Law.
  • Kentucky: No, it is not legal here. Please see: Kentucky Revised Statutes Title XXXV. Domestic Relations.
  • Louisiana: No, it is not legal. Please see: Louisiana Civil Code.
  • Michigan: No, it is not legal. Please see: Michigan Compiled Laws § 551.3. Marriage between certain individuals prohibited.
  • Minnesota: No, it is not legal in this state. Please see: Minnesota Statutes § 517.03. Prohibited marriages.
  • Mississippi: No, it is not legal. Please see: Mississippi Code Title 93. Domestic Relations.
  • Missouri: No, it is not legal. Please see: Missouri Revised Statutes § 451.020. Marriage licenses.
  • Montana: No, it is not legal. Please see: Montana Code Annotated Title 40. Family Law.
  • Nebraska: No, it is not legal in this state. Please see: Nebraska Revised Statutes Chapter 42. Marriage.
  • Nevada: No, it is not legal. Please see: Nevada Revised Statutes Chapter 122. Marriage.
  • New Hampshire: No, it is not legal. Please see: New Hampshire Revised Statutes Title XLIII. Domestic Relations.
  • North Dakota: No, it is not legal. Please see: North Dakota Century Code Title 14. Domestic Relations and Persons.
  • Ohio: No, it is not legal in this state. Please see: Ohio Revised Code Title XXXI. Domestic Relations – Children.
  • Oklahoma: No, it is not legal. Please see: Oklahoma Statutes Title 43. Marriage.
  • Oregon: No, it is not legal. Please see: Oregon Revised Statutes Title 11. Domestic Relations.
  • Pennsylvania: No, it is not legal. Please see: Pennsylvania Consolidated Statutes Title 23. Domestic Relations.
  • South Dakota: No, it is not legal. Please see: South Dakota Codified Laws Title 25. Domestic Relations.
  • Texas: No, it is not legal in the Lone Star State. Please see: Texas Family Code.
  • Washington: No, it is not legal. Please see: Revised Code of Washington Title 26. Domestic Relations.
  • West Virginia: No, it is not legal. Please see: West Virginia Code Chapter 48. Domestic Relations.
  • Wyoming: No, it is not legal up here. Please see: Wyoming Statutes Title 20. Domestic Relations.

Outside of the USA? We don’t know the laws and regulations of other countries and don’t want to comment on them. Please do your own research and get legal counsel in whichever country you’re in if you plan to marry a relative or family member.

Additional In-Depth Attorney Answer:

It is legal to marry your first cousin in North Carolina. However, you cannot marry a double first cousin in North Carolina.

[CONTACT Charles R. Ullman – THE ATTORNEY WHO ANSWERED THIS QUESTION]

Additional In-Depth Attorney Answer:
Yes, in the State of Florida you can marry your 1st cousin. Florida Statute §741.21 prohibits marriages between people related by lineal consanguinity (relation in a direct line such as between parent, child and grandparent). It also prohibits a man from marrying his sister, aunt or niece and it prohibits a woman from marrying her brother, uncle or nephew. There is no prohibition against marrying a cousin. Several famous people have married their cousins including Franklin Delano Roosevelt, Albert Einstein and Rudy Giuliani.

[CONTACT THE ATTORNEY WHO ANSWERED THIS QUESTION]

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