The seller is safe as long as he does not actually know the buyer's purpose and as long as the objective facts that are there for him to observe do not give fair notice that illegal use will ensue.

The plaintiffs challenged the act on the basis that the inclusion of a constructive knowledge standard ("reasonably should know") rendered the act unconstitutionally vague.

The Model Act has been enacted by at least ten state legislatures (namely Connecticut, Florida, Illinois, Indiana, Louisiana, Maryland, Nebraska, New Jersey, New York and South Carolina), as well as by municipal governments in Florida, Ohio, New Jersey and New York.

The term "head shop" apparently refers to a retail business that sells items useful in producing and ingesting drugs that affect the user's head.

Several courts have referenced the FCPA's "reason to know" standard in dictum, while sustaining the use of this standard in criminal cases involving drug paraphernalia.

Statutory language that employs operative words and expressions having common, ordinary meanings is consistent with due process so long as the statute provides additional textual guidance. "Paraphernalia" Delaware Access.

When read in light of the intent or design of the alleged violator, the statute is an adequate guide for private citizens and law enforcement officials

Many challenges to paraphernalia ordinances and statutes have been heard in federal district courts.