514
Opinion of the Court
substantially to the sale of drug paraphernalia, the Court need not address § 857's possible application to a legitimate merchant selling only items—such as scales, razor blades, and mirrors—that may be used for legitimate as well as illegitimate purposes. Pp. 525-526. 3. Petitioner Acty's other contentions are not properly before the Court. P. 527. 969 F. 2d 652, affirmed.
Blackmun, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Souter, and Ginsburg, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, in which Kennedy and Thomas, JJ., joined, post, p. 527.
Alfredo Parrish argued the cause for petitioners. With him on the brief was Elizabeth Kruidenier.
Deputy Solicitor General Bryson argued the cause for the United States. With him on the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, Robert A. Long, Jr., and Joel M. Gershowitz.
Justice Blackmun delivered the opinion of the Court. In this case we must address the scienter requirement of the Mail Order Drug Paraphernalia Control Act, Pub. L. 99- 570, Tit. I, § 1822, 100 Stat. 3207-51, formerly codified, as amended, at 21 U. S. C. § 857, and the question whether the Act is unconstitutionally vague as applied to petitioners.
I
In 1977, petitioner Lana Christine Acty formed petitioner Posters 'N' Things, Ltd. (Posters), an Iowa corporation. The corporation operated three businesses, a diet-aid store, an art gallery, and a general merchandise outlet originally called "Forbidden Fruit," but later renamed "World Wide Imports." Law enforcement authorities received complaints that the merchandise outlet was selling drug paraphernalia. Other officers investigating drug cases found drug diluents (chemicals used to "cut" or dilute illegal drugs) and other drug paraphernalia that had been purchased from Forbidden Fruit.
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