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For a long time selling water pipes and the like was only illegal by state and local ordinances. As of recently many internet run head shops have been forced to close down. A while ago there was a big scare after a warning from the federal government.
So it HASN'T been going on for a long time, at least not as far as internet headshops and the like are concerned.
The drug paraphenalia laws are ridiculous. I was arrested for marijuana in june and the only reason I got paraphenalia tacked onto my charges was because there was a pack of those "small cigars" in my car. They listed them as paraphenalia even though none of them were ever used for marijuana consumption. That could actually potentially add another 6 months onto a jail sentence.
And let's face it, you can buy rolling papers, cigarette rollers and pipes at CVS or Rite-Aid. What's the difference between a pack of zig-zags and a pack of papers you buy in a head shop?
It's a fucked up world. The right-wing government doesn't want you to be able to buy a pipe cause you could use it to smoke weed. They don't want full disclosure of computer security vulnerabilities because people can use them maliciously. Of course they protect your right to have a gun even though you could potentially KILL someone with it. The logic is so twisted it hurts.
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