Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – Can I buy a Bong or a Pipe?

DRUG BUSTS

100 ‘most asked ‘ questions

CAN I BUY A BONG OR A PIPE?

Yes.

Can you possess it?

No.

This is a real head-scratcher for most of us.

A store can sell you what is obviously a device intended for the consumption of a controlled substance, but you can’t possess paraphernalia.

It’s a distinction without a difference to argue that it can be used for a non-controlled substance.  That’s not the issue.  The only question is can it be used to ingest a controlled substance.

If it can be used to consume a controlled substance it is a narcotic implement, also known as drug paraphernalia.