Historically, paraphernalia violations have rarely been prosecuted as stand-alone offenses because the devices used for smoking marijuana can, generally, be used for legitimate purposes as well. A hookah can be used for smoking marijuana or tobacco, and a prosecutor would have a hard time making a case unless the police also found drugs. The trouble now is that a prosecutor and judge who disagree with the legislature's policy choice could use paraphernalia as a loophole to circumvent the new law. Theoretically, you could still get prosecuted for having a joint in your pocket, but now it would be the rolling paper, not the actual cannabis, that gets you in trouble. That should be fixed.