                                 CODE OF VIRGINIA

POSSESSION OR DISTRIBUTION OF CONTROLLED PARAPHERNALIA; DEFINITION OF CONTROLLED
PARAPHERNALIA; EVIDENCE; EXCEPTIONS (§ 54.1-3466)

A. For purposes of this chapter, &#8220;controlled paraphernalia&#8221; means
(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 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. Evidence
of such circumstances shall include, but not be limited to, close proximity of
any such controlled paraphernalia to any adulterants or equipment commonly used
in the illegal manufacture and distribution of controlled drugs including
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 that
is adapted for the production of controlled drugs under circumstances that
reasonably indicate an intention to use such item or combination thereof to
produce, sell, or dispense any controlled drug in violation of the provisions of
this chapter. &#8220;Controlled paraphernalia&#8221; does not include drug
checking products used to determine the presence or concentration of a
contaminant that can cause physical harm or death.

B. Except as authorized in this chapter, it is unlawful for any person to
possess controlled paraphernalia.

C. Except as authorized in this chapter, it is unlawful for any person to
distribute controlled paraphernalia.

D. A violation of this section is a Class 1 misdemeanor.

E. The provisions of this section shall not apply to persons who have acquired
possession and control of controlled paraphernalia in accordance with the
provisions of this article or to any person who owns or is engaged in breeding
or raising livestock, poultry, or other animals to which hypodermic injections
are customarily given in the interest of health, safety, or good husbandry; or
to hospitals, physicians, pharmacists, dentists, podiatrists, veterinarians,
funeral directors and embalmers, persons to whom a permit has been issued,
manufacturers, wholesalers, or their authorized agents or employees when in the
usual course of their business, if the controlled paraphernalia lawfully
obtained continue to be used for the legitimate purposes for which they were
obtained.

F. The provisions of this section and of &#xA7; 18.2-265.3 shall not apply to
(i) a person who dispenses naloxone in accordance with the provisions of
subsection Z of &#xA7; 54.1-3408 and who, in conjunction with such dispensing of
naloxone, dispenses or distributes hypodermic needles and syringes for injecting
such naloxone or (ii) a person who possesses naloxone that has been dispensed in
accordance with the provisions of subsection Z of &#xA7; 54.1-3408 and possesses
hypodermic needles and syringes for injecting such naloxone in conjunction with
such possession of naloxone.

G. The provisions of this section and of &#xA7; 18.2-265.3 shall not apply to
(i) a person who possesses or distributes controlled paraphernalia on behalf of
or for the benefit of a comprehensive harm reduction program established
pursuant to &#xA7; 32.1-45.4 or (ii) a person who possesses controlled
paraphernalia obtained from a comprehensive harm reduction program established
pursuant to &#xA7; 32.1-45.4.

HISTORY: 1971, Ex. Sess., cc. 210, 245; 1976, c. 614; 1988, c. 765; 2016, c.
229; 2018, c. 97; 2019, c. 215; 2020, c. 839; 2025, cc. 266, 277, 281.