54.1-3466 - Possession or distribution of controlled paraphernalia; meaning of controlled paraphernalia; evidence; exceptions.
§ 54.1-3466. Possession or distribution of controlled paraphernalia; meaningof controlled paraphernalia; evidence; exceptions.
Except as authorized in this chapter, it shall be a misdemeanor for anyperson to possess or distribute controlled paraphernalia which shall mean ahypodermic syringe, needle or other instrument or implement or combinationthereof adapted for the administration of controlled dangerous substances byhypodermic injections under circumstances which reasonably indicate anintention to use such controlled paraphernalia for purposes of illegallyadministering any controlled drug, or gelatin capsules, glassine envelopes orany other container suitable for the packaging of individual quantities ofcontrolled drugs in sufficient quantity to and under circumstances whichreasonably indicate an intention to use any such item for the illegalmanufacture, distribution, or dispensing of any such controlled drug.Evidence of such circumstances shall include, but not be limited to, closeproximity of any such controlled paraphernalia to any adulterants orequipment commonly used in the illegal manufacture and distribution ofcontrolled drugs including, but not limited to, scales, sieves, strainers,measuring spoons, staples and staplers, or procaine hydrochloride, mannitol,lactose, quinine, or any controlled drug or any machine, equipment,instrument, implement, device or combination thereof which is adapted for theproduction of controlled drugs under circumstances which reasonably indicatean intention to use such item or combination thereof to produce, sell, ordispense any controlled drug in violation of the provisions of this chapter.
The provisions of this section shall not apply to persons who have acquiredpossession and control of controlled paraphernalia in accordance with theprovisions of this article or to any person who owns or is engaged inbreeding or raising livestock, poultry or other animals to which hypodermicinjections are customarily given in the interest of health, safety, or goodhusbandry; or to hospitals, physicians, pharmacists, dentists, podiatrists,veterinarians, funeral directors and embalmers, persons to whom a permit hasbeen issued, manufacturers, wholesalers or their authorized agents oremployees when in the usual course of their business, if the controlledparaphernalia lawfully obtained continues to be used for the legitimatepurposes for which they were obtained.
(1971, Ex. Sess., cc. 210, 245; 1976, c. 614; 1988, c. 765.)