Possession of Drug Paraphernalia in Virginia

What Is Considered Drug Paraphernalia?

Federally, any item or equipment that is primarily used or designed for manufacturing, producing, concealing, injecting, ingesting, inhaling, or processing illegal substances can be considered drug paraphernalia. For the courts to determine something as drug paraphernalia they examine the circumstances of how and where the item was found. For example, if the defendant runs a successful online jewelry making company, they are likely to be in possession of a postal scale for their business and not for drug use.

Examples of drug paraphernalia include:

Understanding How Possession Is Determined

There is two legal definitions Virginia law enforcement use when charging someone for possession of drug paraphernalia.

1. Actual Possession: Actual possession is established when a prosecutor can prove the item was in your hands or readily in your reach. An example of an item not found in your hands but in your reach could mean something found in your pocket, purse or backpack.
2. Constructive Possession: Constructive possession occurs when the item is not found on your person but within your control. An example of this could be if police found the item in your bedroom or within your car.