524
Opinion of the Court
establishing that they lacked the "conscious object" that the items be used with illegal drugs.
Further, we do not think that the knowledge standard in this context requires knowledge on the defendant's part that a particular customer actually will use an item of drug paraphernalia with illegal drugs. It is sufficient that the defendant be aware that customers in general are likely to use the merchandise with drugs. Therefore, the Government must establish that the defendant knew that the items at issue are likely to be used with illegal drugs. Cf. United States Gypsum, 438 U. S., at 444 (knowledge of "probable consequences" sufficient for conviction).13 A conviction under § 857(a)(1), then, requires the Government to prove that the defendant knowingly made use of an interstate conveyance as part of a scheme to sell items that he knew were likely to be used with illegal drugs.
Finally, although the Government must establish that the defendant knew that the items at issue are likely to be used with illegal drugs, it need not prove specific knowledge that the items are "drug paraphernalia" within the meaning of the statute. Cf. Hamling v. United States, 418 U. S. 87 (1974) (statute prohibiting mailing of obscene materials does
13 The knowledge standard that we adopt parallels the standard applied by those courts that have based § 857's scienter requirement on the "primarily intended" language of the definitional provision. See Mishra, 979 F. 2d, at 307 (Government must prove that defendant "contemplated, or reasonably expected under the circumstances, that the item sold or offered for sale would be used with illegal drugs"); Schneiderman, 968 F. 2d, at 1567 (Government must prove that defendant "knew there was a strong probability the items would be so used"); 57,261 Items of Drug Paraphernalia, 869 F. 2d, at 957 (Government must prove defendant's "knowledge that there is a strong probability that the items will be used" with illegal drugs). The scienter requirement that we have inferred applies with respect to all items of drug paraphernalia, while at least some of the lower courts appear to have confined their scienter requirement to those items "primarily intended" (but not "designed") for use with illegal drugs. See, e. g., Schneiderman, 968 F. 2d, at 1567.
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