State v. Smoke Signals Pipe & Tobacco Shop, LLC

DüGGAN, J.

The defendant, Smoke Signals Pipe & Tobacco Shop, LLC (Smoke Signals), appeals an order of the Superior Court (Mohl, J.) denying its motion for return of property, following its acquittal of four class B misdemeanor charges of sale of drug paraphernalia. We reject Smoke Signals’ argument that the definition of drug paraphernalia in RSA 318-Btl, X-a (Supp. 2006) is unconstitutionally vague, but conclude that, under the circumstances of this case, even though the items seized here come within the categories of items listed in RSA 318-Btl, X-a, the superior court erred in denying Smoke…