Oakcliff, it doesnt have to be filled to be considered illegal drug paraphernalia, from the code:
Title 21 USC Section 863.(e) Matters considered in determination of what constitutes drug paraphernalia
In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:
(3) national and local advertising concerning its use;
CARSON CITY, Nev., Jan. 25, 2012 /PRNewswire/ -- Rapid Fire Marketing (OTC Pink: RFMK) announced today that Medical Cannabis Management (MCM) has received their first shipment of their new THC e-Cig. The name of the e-Cig is the CannaCig. As of today the company is going to market with the new product and through arrangements that have already been made over the last few weeks, the new CannaCig will be in medical cannabis dispensaries quickly. The first edition of the CannaCig is ready to market. The second edition, which is already being developed, is expected to be ready in 30-60 days and will be much smaller and resemble an electronic cigarette with regard to size and use. Photos can be seen on the company's site.
Through marketing arrangements made with several key individuals in the medical cannabis dispensary business, the new products will be available for purchase through physicians and many medical cannabis dispensaries over the coming days and weeks.
Users of the new CannaCig will enjoy the following benefits:
Smokeless – the new CannaCig with THC will allow the patient to consume the product without all of the harmful effects of actual smoke.
Eliminate the need to consistently keep inventory of medical cannabis – rather than using actual plant material, the THC is in an oil form that provides the same medical effects as the natural cannabis plant.
(4) the manner in which the item is displayed for sale;