The question, according to this article in the Lincoln Journal Star, is "Where do tobacco pipes end and marijuana bongs begin?"

The U.S. attorney for Nebraska, Mike Heavican, announced the indictments Wednesday of four people from two shops on federal drug paraphernalia charges. If convicted, they could face up to three years in prison for each charge and fines of up to $250,000 each.

They also face federal inspection of their business bookkeeping, authorities said, efforts that could lead to the forfeiture of money made selling illicit items.

Compare the state and federal penalties:

Federal drug paraphernalia charges are felonies; Nebraska law treats paraphernalia possession and sales as low-grade misdemeanors.

This is part of Attorney General John Ashcroft's zero tolerance policy. The Government thinks it is attacking the drug policy from the demand side by busting head shops:

Heavican called the effort part of the United States’ push for narcotics “demand reduction.” When U.S. officials ask countries such as Mexico and Colombia to fight drug supplies, he said, officials there ask Americans to fight demand..... Many drug dealers, addicts and users would not seek “the carrot of treatment” without “the stick of prosecution.”

We agree with Eric Sterling, director of the Criminal Justice Policy Foundation, who says of the busts:

“The goods are out there in the public eye, so it requires absolutely zilch investigation. It’s easy, cheap and headline-grabbing.”

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