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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-B:1, 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-B:1, X-a, the superior court erred in denying Smoke Signals' motion. Accordingly, we reverse.

Smoke Signals Pipe & Tobacco Shop, LLC (“the defendant”) is charged with eight counts of selling drug paraphernalia in violation of RSA 318-B:2. The defendant filed the following motions in May, 2003, to which the State objects: Motion to Dismiss, Motion to Dismiss II, Motion to Quash and/or alternatively Motion for Bills of Particulars, Motion to Suppress, Motion to Elect One (1) Single Count and/or Motion to Consolidate Various Counts into One (1) Charged Offense. Co-defendant Susan Hargrove, an agent of the defendant charged with three counts of selling drug paraphernalia, joins in the defendant’s motions. Additionally, co-defendant Eric Marshall, an agent of the defendant charged with one count of selling drug paraphernalia, joins in the defendant’s motions and independently moves to dismiss the charge against him. The State objects. Following a July 21, 2003 hearing on these matters, and upon review of the parties’ arguments and the relevant law, the court finds and rules as follows.