I really don't see how this is any different than people taking pics of their kids with empty beer bottles around them...
hell, my entire family took photos of my 1 yr old cousin who was passed out at the family reunion, with wine bottles, liquor bottles, etc in her arms...
Wow!
Can a person face charges if they own a couple of burnt knives, aluminum foil, aerator screen, paper money, etc...?
Congratulation America on the War On Drugs.