(updated to Clarify that ruling deals with unused glass pipes.)
IOWA CITY, Iowa (AP) – The Iowa Court of Appeals is giving a legal victory to the owners of retail head shops. The court ruled Wednesday that unused glass pipes commonly sold in those stores are not drug paraphernalia under Iowa law and therefore cannot be subject to forfeiture by law enforcement. The court is ordering the return of glass pipes that were seized by agents during a warrant served at Day Dreams in Des Moines.

A three-judge panel says no drugs were found there, so there is no evidence suggesting the pipes “were used, or attempted to be used, in combination with a controlled substance” as required to be considered paraphernalia.

The court says adopting the state’s position would make selling glass pipes a federal felony and allow all such property to be forfeited.