Here in Perth, Australia, drug paraphernalia is legal as long as it doesn't have traces of any drugs. That is not as bad as compared with you guys. I feel sorry for all of you.
It's really on a case-by-case basis... no, if you have a spoon in your car you wont get arrested, but if you have a bent spoon, and they find dope, you will catch a charge for paraphernailia (the spoon) ...
There are also federal laws on paraphernalia and they are very loosely written. It basically comes down to the intent of the particular person (other shit you have laying around, how you are using it, etc). That is why (at least in SC) you can sell bongs but cannot mention pot. My experience has been that if you get busted with say a sack of weed and a bowl, they will lump it all together as simple poss with no paraphernalia charge.