{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-265.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-265.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-265.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-265.2.html"}],"law_id":69992,"edition_id":1,"section_id":69992,"structure_id":13824,"section_number":"18.2-265.2","catch_line":"Evidence to be considered in cases under this article","history":"1981, c. 598; 1983, c. 535.","full_text":"In determining whether an object is drug paraphernalia, the court may consider, in addition to all other relevant evidence, the following:\n\n1\n\nConstitutionally admissible statements by the accused concerning the use of the object;2\n\nThe proximity of the object to marijuana or controlled substances, which proximity is actually known to the accused;3\n\nInstructions, oral or written, provided with the object concerning its use;4\n\nDescriptive materials accompanying the object which explain or depict its use;5\n\nNational and local advertising within the actual knowledge of the accused concerning its use;6\n\nThe manner in which the object is displayed for sale;7\n\nWhether the accused is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;8\n\nEvidence of the ratio of sales of the objects defined in § 18.2-265.1 to the total sales of the business enterprise;9\n\nThe existence and scope of legitimate uses for the object in the community;10\n\nExpert testimony concerning its use or the purpose for which it was designed;11\n\nRelevant 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.","order_by":null,"text":{"0":{"id":252877,"text":"In determining whether an object is drug paraphernalia, the court may consider, in addition to all other relevant evidence, the following:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":252878,"text":"Constitutionally admissible statements by the accused concerning the use of the object;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":252879,"text":"The proximity of the object to marijuana or controlled substances, which proximity is actually known to the accused;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":252880,"text":"Instructions, oral or written, provided with the object concerning its use;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":252881,"text":"Descriptive materials accompanying the object which explain or depict its use;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":252882,"text":"National and local advertising within the actual knowledge of the accused concerning its use;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":252883,"text":"The manner in which the object is displayed for sale;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":252884,"text":"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;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":252885,"text":"Evidence of the ratio of sales of the objects defined in § 18.2-265.1 to the total sales of the business enterprise;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":252886,"text":"The existence and scope of legitimate uses for the object in the community;","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":252887,"text":"Expert testimony concerning its use or the purpose for which it was designed;","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":252888,"text":"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.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10"}},"ancestry":[{"id":13824,"edition_id":1,"name":"Drug Paraphernalia","identifier":"1.1","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:46:00","date_modified":"2026-06-26 03:46:00","permalink":{"id":166733,"object_type":"structure","relational_id":13824,"identifier":"1.1","token":"18.2\/7\/1.1","url":"\/18.2\/7\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12973,"edition_id":1,"name":"Crimes Involving Health and Safety","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":166501,"object_type":"structure","relational_id":12973,"identifier":"7","token":"18.2\/7","url":"\/18.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54839,"structure_id":13824,"section_number":"18.2-265.1","catch_line":"Definition","url":"\/18.2-265.1\/","token":"18.2\/7\/1.1\/18.2-265.1","metadata":false},{"id":69992,"structure_id":13824,"section_number":"18.2-265.2","catch_line":"Evidence to be considered in cases under this article","url":"\/18.2-265.2\/","token":"18.2\/7\/1.1\/18.2-265.2","metadata":false},{"id":71055,"structure_id":13824,"section_number":"18.2-265.3","catch_line":"Penalties for sale, etc., of drug paraphernalia","url":"\/18.2-265.3\/","token":"18.2\/7\/1.1\/18.2-265.3","metadata":false},{"id":78300,"structure_id":13824,"section_number":"18.2-265.4","catch_line":"Repealed","url":"\/18.2-265.4\/","token":"18.2\/7\/1.1\/18.2-265.4","metadata":false},{"id":69289,"structure_id":13824,"section_number":"18.2-265.5","catch_line":"Advertisement of drug paraphernalia prohibited; penalty","url":"\/18.2-265.5\/","token":"18.2\/7\/1.1\/18.2-265.5","metadata":false}],"previous_section":{"id":54839,"structure_id":13824,"section_number":"18.2-265.1","catch_line":"Definition","url":"\/18.2-265.1\/","token":"18.2\/7\/1.1\/18.2-265.1","metadata":false},"next_section":{"id":71055,"structure_id":13824,"section_number":"18.2-265.3","catch_line":"Penalties for sale, etc., of drug paraphernalia","url":"\/18.2-265.3\/","token":"18.2\/7\/1.1\/18.2-265.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-265.2\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 598 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1983, chapter 535.<\/p>","references":false,"refers_to":[{"id":54839,"section_number":"18.2-265.1","catch_line":"Definition","order_by":null,"url":"\/18.2-265.1\/"}],"permalink":{"id":166739,"object_type":"law","relational_id":69992,"identifier":"18.2-265.2","token":"18.2\/7\/1.1\/18.2-265.2","url":"\/18.2-265.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-265.2\/","token":"18.2\/7\/1.1\/18.2-265.2","dublin_core":{"Title":"Evidence to be considered in cases under this article","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-265.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In determining whether an object<\/span> is drug paraphernalia, the court<\/span> may consider, in addition to all other relevant evidence<\/span>, the following:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Constitutionally admissible<\/span> statements by the accused<\/span> concerning the use of the object<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The proximity of the object<\/span> to marijuana or controlled substances, which proximity is actually known to the accused<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Instructions, oral or written, provided with the object<\/span> concerning its use; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Descriptive materials<\/span> accompanying the object<\/span> which explain or depict its use; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> National and local advertising within the actual knowledge of the accused<\/span> concerning its use; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The manner in which the object<\/span> is displayed for sale; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Whether the accused<\/span> is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Evidence<\/span> of the ratio of sales of the objects<\/span> defined in § 18.2-265.1<\/a> to the total sales of the business enterprise; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> The existence and scope of legitimate uses for the object<\/span> in the community; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Expert testimony<\/span> concerning its use or the purpose for which it was designed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Relevant evidence<\/span> of the intent<\/span> of the accused<\/span> to deliver it to persons who he knows, or should reasonably know, intend to use the object<\/span> with an illegal drug. The innocence of an owner, or of anyone in control of the object<\/span>, as to a direct violation of this article shall not prevent a finding<\/span> that the object<\/span> is intended for use or designed for use as drug paraphernalia. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEVIDENCE TO BE CONSIDERED IN CASES UNDER THIS ARTICLE (\u00a7 18.2-265.2)\n\nIn determining whether an object is drug paraphernalia, the court may consider,\nin addition to all other relevant evidence, the following:\n\n1. Constitutionally admissible statements by the accused concerning the use of\nthe object;\n\n2. The proximity of the object to marijuana or controlled substances, which\nproximity is actually known to the accused;\n\n3. Instructions, oral or written, provided with the object concerning its use;\n\n4. Descriptive materials accompanying the object which explain or depict its\nuse;\n\n5. National and local advertising within the actual knowledge of the accused\nconcerning its use;\n\n6. The manner in which the object is displayed for sale;\n\n7. Whether the accused is a legitimate supplier of like or related items to the\ncommunity, such as a licensed distributor or dealer of tobacco products;\n\n8. Evidence of the ratio of sales of the objects defined in § 18.2-265.1 to\nthe total sales of the business enterprise;\n\n9. The existence and scope of legitimate uses for the object in the community;\n\n10. Expert testimony concerning its use or the purpose for which it was\ndesigned;\n\n11. Relevant evidence of the intent of the accused to deliver it to persons who\nhe knows, or should reasonably know, intend to use the object with an illegal\ndrug. The innocence of an owner, or of anyone in control of the object, as to a\ndirect violation of this article shall not prevent a finding that the object is\nintended for use or designed for use as drug paraphernalia.\n\nHISTORY: 1981, c. 598; 1983, c. 535.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}