Who's naive?
He's smoking weed? Orly, all the picture depicts is him holding up a bong doing the motions of taking a hit.
Orly, you do know that water glass pipes are legal, don't you? Smoking tobacco out of them isn't illegal either. There are two Shell stations, both within 3 miles of my house, that have selections of various glass pipes for sale that would rival most head shops. Glass pipes are perfectly legal.
Now, as you've apparently overlooked entirely, if we just go by that picture, there is NO way of telling that he actually took a hit. There could be tobacco in there for all we know. There could actually be weed smoke and all he did was put his mouth up to it. Chances are he did take a hit, but from the pic alone, you cannot assume that.
So I ask you again, Orly; exactly what law is Phelps breaking?