In case you're wondering how Ashcroft and the DEA intend to prove that the pipe you sell is for marijuana use and not tobacco, defense lawyer Nicholas Hentoff has this report:

They have agents who will testify that any smoking device with a "one hit" or very shallow bowl depth constitutes paraphernalia since this design is inconsistent with Tobacco use. The presence of a carburetor also constitutes proof of paraphernalia since no one uses a carburetor to blast tobacco smoke into their lungs.

They also will call a tobacco shop owner as an expert on these points as well as tobacco trade show operators who will testify that they exclude smoking devices from their trade shows based on bowl depth and presence of carbs. Rolling papers with wires in them also constitute paraphernalia per DEA experts.