What is drug paraphernalia?

According to the DEA, "Drug paraphernalia is any legitimate equipment, product, or material that is modified for making, using, or concealing illegal drugs such as cocaine, heroin, marijuana, and methamphetamine." And yes, it is very illegal.

Drug paraphernalia can be user-specific (bongs, freebase kits, hollowed out products meant to conceal drugs, etc.) or dealer-specific (scales, viles, baggies, etc.). Head shops get away with selling these very products by claiming they are meant for tobacco-use only.

Most drug paraphernalia is not illegal until an illegal substance is paired with the product.

For example, bongs are not "bongs" until weed is smoked out of it. Head shops don't even call them "bongs", and if they did, it would be illegal. Instead, they use the term "tobacco water-pipes" to save their asses from the law. And if you call them bongs in the store, you'll quickly be corrected and told not to use that word in the store again. You would think that a crack-pipe is clearly meant for crack, but still, someone can claim that it is used for tobacco and get away with it.

All of this becomes void the instant the paraphernalia is used with the illegal substance. You can no longer claim that your "water-pipe" is strictly meant for tobacco when there is pot resin in the piece; cops will have none of that.