Cite as: 511 U. S. 513 (1994)
Opinion of the Court
jective intent of a particular defendant. In 1988, Congress added the word "traditionally" in place of "primarily" in the § 857(f) exemption in order to "clarif[y]" the meaning of the exemption. Pub. L. 100-690, Tit. VI, § 6485, 102 Stat. 4384. Congress' characterization of the amendment as merely "clarifying" the law suggests that the original phrase—"primarily intended"—was not a reference to the fundamentally different concept of a defendant's subjective intent.
Finally, an objective construction of the phrase "primarily intended" is consistent with the natural reading of similar language in definitional provisions of other federal criminal statutes. See 18 U. S. C. § 921(a)(17)(B) ("armor piercing ammunition" excludes any projectile that is "primarily intended" to be used for sporting purposes, as found by the Secretary of the Treasury); 21 U. S. C. § 860(d)(2) (1988 ed., Supp. V) ("youth center" means a recreational facility "intended primarily for use by persons under 18 years of age").
We conclude that the term "primarily intended . . . for use" in § 857(d) is to be understood objectively and refers generally to an item's likely use.11 Rather than serving as the
and traditionally intended for use with tobacco products, including any pipe, paper, or accessory."
11 Although we describe the definition of "primarily intended" as "objective," we note that it is a relatively particularized definition, reaching beyond the category of items that are likely to be used with drugs by virtue of their objective features. Among the factors that are relevant to whether an item constitutes drug paraphernalia are "instructions, oral or written, provided with the item concerning its use," § 857(e)(1), and "the manner in which the item is displayed for sale," § 857(e)(4). Thus, while scales or razor blades as a general class may not be designed specifically for use with drugs, a subset of those items in a particular store may be "primarily intended" for use with drugs by virtue of the circumstances of their display and sale.
We disagree with Justice Scalia insofar as he would hold that a box of paper clips is converted into drug paraphernalia by the mere fact that a customer mentions to the seller that the paper clips will make excellent roach clips. Section 857(d) states that items "primarily intended" for use with drugs constitute drug paraphernalia, indicating that it is the likely
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