Forfeitures, see §329-55.

Legislature intended to impose penal sanctions for constructive and actual possession of contraband items. 8 H. App. 610, 822 P.2d 23.

In a prosecution under subsection (b): of a merchant, jury should be instructed that it must first find that the defendant-seller delivered the object(s) in question to the buyer with the specific intent that the object(s) be used with illegal drugs; trial court should provide jury with an instruction enumerating all fourteen factors listed in the statutory definition of drug paraphernalia. 75 H. 80, 856 P.2d 1246.

Subsection (b): not void for vagueness; contains mens rea requirement of "intentionally"; mere fact that the buyer is actually an undercover police officer, which fact is unknown to the defendant, cannot render it "factually and legally" impossible that the defendant should reasonably have known that the items sold would be used with illegal drugs. 75 H. 80, 856 P.2d 1246.