Controlled and Drug Paraphernalia

Controlled paraphernalia in Virginia is defined in Va. Code §54.1-3466 as “(i) a hypodermic syringe, needle, or other instrument or implement or combination thereof adapted for the administration of controlled dangerous substances by hypodermic injections under circumstances that reasonably indicate an intention to use such controlled paraphernalia in Virginiaparaphernalia for purposes of illegally administering any controlled drug or (ii) gelatin capsules, glassine envelopes,or any other container suitable for the packaging of individual quantities of controlled drugs in sufficient quantity to and under circumstances that reasonably indicate an intention to use any such item for the illegal manufacture, distribution, or dispensing of any such controlled drug.”

Drug paraphernalia is defined in Va. Code §18.2-265.1 as “all equipment, products, and materials of any kind which are either designed for use or which are intended by the person charged with violating § 18.2-265.3 for use 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.”

Offenses involving controlled paraphernalia and drug paraphernalia in Virginia include:

  • Possession or Distribution of Controlled Paraphernalia in Virginia (Va. Code §54.1-3466): Possessing or distributing controlled paraphernalia in Virginia is a Class 1 misdemeanor.  It is punished with up to 12 months in jail and a fine up to $2500.
  • Distributing Drug Paraphernalia to Minor (Va. Code §18.2-265.3(C)): Distributing drug paraphernalia to a minor is a Class 1 misdemeanor if the offender is over 18.  The offense is punished with up to 12 months in jail and a fine up to $2500.
  • Selling Drug Paraphernalia to Minor (Va. Code §18.2-265.3(B)): If an offender over the age of 18 sells drug paraphernalia to a minor at least 3 years younger he has committed a Class 6 felony and faces up to 5 years in prison.
  • Advertising Drug Paraphernalia in Virginia (Va. Code §18.2-265.5): Placing an advertisement in a newspaper or other advertisement when the person knew or with should have known that  the purpose of the advertisement is to promote the sale of objects designed for use or intended by such person for use as drug paraphernalia is a Class 1 misdemeanor.
  • Distributing or Displaying for Sale Material Advertising the Sale of Controlled Substance Paraphernalia in Virginia (Va. Code §18.2-255.1): Selling, distributing, or displaying for sale to a minor any printed material which he knows advertises for sale paraphernalia for administering or ingesting a controlled substance or marijuana is a Class 1 misdemeanor.  This offense is punished with up to 12 months in jail and a fine up to $2500.
  • Selling Drug Paraphernalia in Virginia or Possessing Drug Paraphernalia in Virginia with Intent to Sell (Va. Code §18.2-265.3): Selling or possessing drug paraphernalia with intent to sell is a Class 1 misdemeanor.  An offender commits this offense when he knew or should have known that the paraphernalia was designed for use or intended to be used for the illegal planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.
  • selling-controlled-paraphernalia-is-a-class-1-misdemeanor-in-virginiaObtaining Controlled Paraphernalia in Virginia by Fraud or False Statements (Va. Code §54.1-3470): It is a Class 1 misdemeanor under Va. Code §54.1-3470(A) to obtain or attempt to obtain controlled paraphernalia by fraud, deceit, misrepresentation, subterfuge, or giving a false name or address.  It is also a Class 1 misdemeanor to provide false or fraudulent information or omit information from, or make a false statement in obtaining or attempting to obtain controlled paraphernalia (Va. Code §54.1-3470(B)).  Falsely claiming to be a wholesaler, manufacturer, pharmacist, practitioner of the healing arts, funeral director, embalmer or veterinarian for the purpose of obtaining controlled paraphernalia is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500 (Va. Code §54.1-3470(C).