Is it legal to purchase something from a marketplace that clearly sells illicit goods? (silkroad, darknet markets)

Question

What does the law state about the legality to purchase an objectively legal good or service from a marketplace that also sells objectively illicit goods?

As far as I know, it is legal:

1. To physically browse items at a store in a bazaar that sells legal items (eg authentic Nike shoes) and also illegal items (eg counterfeit Rolex watches)
2. To create an account and browse darknet markets, which sells legal items (eg Bitcoin magazines) and also illegal items (eg Cannabis chocolate)

Darknet markets (e-commerce websites that sell goods via anonymizing networks like Tor or I2P) are fairly new. The earliest darknet marketplace that I'm aware-of is the now-defunct Silk Road (2011-2013). In 2021, there are numerous marketplaces on the darknet.

Are there any legal precedents or laws that specifically address the legality of using a darknet market to purchase an objectively legal good or service?

If not, what does the law or historical precedent say about the analog of purchasing an objectively legal good/service from a physical marketplace that also sells objectively illegal goods/services?

Answer 1

I don't see how there is any crime committed through the intentional purchase of a legal good or service. Now there may be a crime in some places where you thought you were buying something illegal, say heroin, but actually bought something that looked like heroin but was just sugar or something.

Let's take an example that I believe happens somewhat often. Say there is a liquor store that regularly sells to minors. That, of course, is a crime in the USA at least. So are non-minors who simply buy liquor at that store guilty of some crime? No, of course not.

How about something a bit more shady? Perhaps there is a drug dealer who lives at a certain address. You know him and stop by his house. You see nothing illegal as all the drugs are hidden away but you do see a carton of cigarettes. You ask if you can buy a pack and he sells you a pack of cigarettes and you leave. Have you committed any crime? What if the police break in while you are buying the cigarettes? They could charge you but I'm not seeing how a prosecutor would take that case to trial or if they did, how a jury would convict.

Now in your case there is a marketplace that sells all sorts of goods, some legal and other illegal. Is there a crime in purchasing a legal good from a seller who may or may not sell illegal goods? Probably not. In fact the seller may be entirely legal where he is. Again, you could get charged but getting a conviction would be darned near impossible IMHO.