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2016 SESSION
16100784DBe it enacted by the General Assembly of Virginia:
1. That § 54.1-3466 of the Code of Virginia is amended and reenacted as follows:
§ 54.1-3466. Possession or distribution of controlled paraphernalia; meaning of controlled paraphernalia; evidence; exceptions.
Except as authorized in this chapter, it
shall be is
a Class 2 misdemeanor for any
person to possess or distribute
controlled paraphernalia which shall mean and a Class 1 misdemeanor for any person to
distribute controlled paraphernalia. For the
purposes of this article, "controlled paraphernalia" 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 which 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 which 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, 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 that
is adapted for the production of controlled drugs under circumstances which 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.
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 continues continue to be used for the
legitimate purposes for which they were obtained.