Cite as: 511 U. S. 513 (1994)
Opinion of the Court
A
Section 857(a) does not contain an express scienter requirement. Some courts, however, have located a scienter requirement in the statute's definitional provision, § 857(d), which defines the term "drug paraphernalia" as "any equipment, product, or material of any kind which is primarily intended or designed for use" with illegal drugs.6 Petitioners argue that the term "primarily intended" in this provision establishes a subjective-intent requirement on the part of the defendant. We disagree, and instead adopt the Gov-6 Section 857(d) provides in full: "The term 'drug paraphernalia' means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under the Controlled Substances Act (title II of Public Law 91-513) [21 U. S. C. §§ 801 et seq.]. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, PCP, or amphetamines into the human body, such as—
"(1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
"(2) water pipes; "(3) carburetion tubes and devices; "(4) smoking and carburetion masks; "(5) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
"(6) miniature spoons with level capacities of one-tenth cubic centimeter or less;
"(7) chamber pipes; "(8) carburetor pipes; "(9) electric pipes; "(10) air-driven pipes; "(11) chillums; "(12) bongs; "(13) ice pipes or chillers; "(14) wired cigarette papers; or "(15) cocaine freebase kits."
517
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