Can Minors Possess Smoking Paraphernalia

*the below article is hypothetical- it is in no way accurate*

So, as a 17 year old smartass, I have made it a hobby to play around with laws and find little nifty loopholes. I enjoy pipe smoking, tobacco and... "otherwise"

I have been interested in making pipes and "water pipes" for some time- with no lack of creativity. I was looking around for hookahs on the internet when I saw a post which claimed herbal shisha to be legal for minors to possess and smoke, however hookahs are not. I could not find much law regarding this. Is all smoking equipment considered paraphernalia and henceforth illegal for minors? Is herbal shisha actually legal for minors to possess and smoke? If it is truly legal for minors to smoke, then how does one legally smoke it? Could herbal shisha be a justifiable reason to own/make pipes?

When it comes to homemade creations, from my understanding it's resin that makes them illegal. If a minor was to have a collection of homemade resin-free pipes, could they be claimed as novelty items- not meant for actual use- or for use as a child's bubble pipe? Or finally, for use with herbal shisha?

P.S. If you know anything else about herbal shisha (health related) could you enlighten me?

As you chose not to follow the instruction to identify the state at issue, you will have to investigate the laws of your state on your own. Here are some drug laws for Tennessee:

Quote:

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Quoting Tennessee Code, Sec. 39-17-402(12). Definitions....

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(12) "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled substance as defined in subdivision (4). "Drug paraphernalia" includes, but is not limited to:

(A) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled substance;

(B) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances; and

(C) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

(i) Metal, acrylic, glass, stone, or plastic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(ii) Water pipes;

(iii) Carburetion tubes and devices;

(iv) Smoking and carburetion masks;

(v) Chamber pipes;

(vi) Carburetor pipes;

(vii) Electric pipes;

(viii) Chillums;

(ix) Bongs; and

(x) Ice pipes or chillers;

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Quote:

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Quoting 39-17-424. Determination whether object is drug paraphernalia.

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In determining whether a particular object is drug paraphernalia as defined by § 39-17-402, the court or other authority making that determination shall, in addition to all other logically relevant factors, consider the following:

(1) Statements by the owner or anyone in control of the object concerning its use;

(2) Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to controlled substances or controlled substance analogues;

(3) The existence of any residue of controlled substances or controlled substance analogues on the object;

(4) Instructions, oral or written, provided with the object concerning its use;

(5) Descriptive materials accompanying the object that explain or depict its use;

(6) The manner in which the object is displayed for sale;

(7) The existence and scope of legitimate uses for the object in the community; and

(8) Expert testimony concerning its use.

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