Written by attorney Brenton Daniel Vincenzes

Bongs and Pipes: Paraphernalia in Virginia

Bongs and Pipes: Paraphernalia in Virginia

Part I: Controlled Paraphernalia

Part II: Glass or Plastic Bongs and Pipes

Part I:

In Virginia, it is a criminal misdemeanor to possess or distribute controlled paraphernalia, which includes:

  • Hypodermic syringes
  • Needles or other device to administer dangerous substances by injection
  • Gelatin capsules
  • Glassine envelopes

As well as..."packaging supplies," when suitable for individual quantities of illegal drugs and an apparent intention to use the item for the illegal manufacturing or distribution of a controlled drug.

Evidence that can be considered in some drug cases may include:

  • close proximity to the items
  • equipment commonly used to make the substance
  • scales
  • sieves
  • strainers
  • measuring spoons
  • procaine hydrochloride
  • mannitol
  • lactos
  • quinine
  • any controlled drug
  • machine for production of controlled drugs

Part II:

People often want to know, “is it legal in Virginia to have a bong, assuming I only smoke tobacco out of it?"

When someone has a bong or pipe, the intention may be to only use it for smoking legal tobacco. But if even on a single occasion, that bong or pipe is used to smoke Cannabis, then the pipe or bong now is illegal…because the residue could support a charge for possession of Cannabis itself.

Distribution of paraphernalia is illegal if the seller has reason to know the product(s) will be used for illegal drug use or transfer.

Additional resources provided by the author

§ 18.2-265.1. Definition § 18.2-265.2. Evidence to be considered in cases under this article § 18.2-265.3. Penalties for sale, etc., of drug paraphernalia § 18.2-265.5. Advertisement of drug paraphernalia prohibited; penalty § 54.1-3466. Possession or distribution of controlled paraphernalia; meaning of controlled paraphernalia; evidence; exceptions § 54.1-3468. Conditions to dispensing device, item, or substance; records § 54.1-3469. Storage, usage, and disposition of controlled paraphernalia § 54.1-3470. Obtaining controlled paraphernalia by fraud, etc.

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