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1997 SESSION

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974225456
HOUSE BILL NO. 2281 Offered January 17, 1997 A BILL to amend and reenact § 18.2-265.3 of the Code of Virginia, relating to sale of cigarette papers to minors; penalty. ----------
Patrons-- Spruill, Behm, Crittenden, Cunningham, Darner, Forbes, Hamilton, Hull, Jones, D.C., Lovelace, Moran, Phillips and Stump
---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-265.3 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-265.3. Penalties for sale, etc., of drug paraphernalia and cigarette papers.

A. Any person who sells or possesses with intent to sell drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it is either designed for use or intended by such person for use to illegally plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body marijuana or a controlled substance, shall be guilty of a Class 1 misdemeanor.

B. Any person eighteen years of age or older who violates subsection A hereof by selling drug paraphernalia to a minor who is at least three years junior to the accused in age shall be guilty of a Class 6 felony.

C. Any person eighteen years of age or older who distributes drug paraphernalia to a minor shall be guilty of a Class 1 misdemeanor.

D. Any person who sells cigarette rolling papers to a person who he knows or has reason to know is under the age of eighteen shall be guilty of a Class 3 misdemeanor.