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Along with drug possession charges, possession of drug paraphernalia charges are one of the more commonly charged crimes in any jurisdiction. Almost anything can be considered drug paraphernalia, but items such as bongs, roach clips, glass pipes, or syringes are commonly associated with the crime.
What is considered "Drug Paraphernalia" in Virginia?
Pursuant to Virginia Code § 18.2-265.1, “Drug Paraphernalia” is defined as: all equipment, products, and materials ... used in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, strength testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance. It includes, but is not limited to: kits, isomerization devices, testing equipment, scales and balances, diluents and adulterants (such as quinine hydrochloride, mannitol, or mannite), separation gins and sifters, Blenders, bowls, containers, spoons, mixing devices, capsules, balloons, envelopes, pipes, bongs, syringes, needles, punctured metal bowls, tubes, etc.
Virginia Code § 18.2-265.2 outlines several factors and evidence to be considered by the judge/jury in determining whether an object is drug paraphernalia, including:
What is considered "Drug Paraphernalia" in Virginia?
Pursuant to Virginia Code § 18.2-265.1, “Drug Paraphernalia” is defined as: all equipment, products, and materials ... used in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, strength testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance. It includes, but is not limited to: kits, isomerization devices, testing equipment, scales and balances, diluents and adulterants (such as quinine hydrochloride, mannitol, or mannite), separation gins and sifters, Blenders, bowls, containers, spoons, mixing devices, capsules, balloons, envelopes, pipes, bongs, syringes, needles, punctured metal bowls, tubes, etc.
Virginia Code § 18.2-265.2 outlines several factors and evidence to be considered by the judge/jury in determining whether an object is drug paraphernalia, including:
- Constitutionally admissible statements by the accused concerning the use of the object;
- The proximity of the object to marijuana or controlled substances, which proximity is actually known to the accused;
- Instructions, oral or written, provided with the object concerning its use;
- Descriptive materials accompanying the object which explain or depict its use;
- National and local advertising within the actual knowledge of the accused concerning its use;
- The manner in which the object is displayed for sale;
- Whether the accused is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
- Evidence of the ratio of sales of the objects defined in § 18.2-265.1 to the total sales of the business enterprise;
- The existence and scope of legitimate uses for the object in the community;
- Expert testimony concerning its use or the purpose for which it was designed;
- Relevant evidence of the intent of the accused to deliver it to persons who he knows, or should reasonably know, intend to use the object with an illegal drug. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this article shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
