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.
1981, c. 598; 1983, c. 535; 1984, c. 31.
Notes of Decisions
Robert Chianelli, Sr. v. Commonwealth of Virginia, 770 S.E.2d 778 (Va. Ct. App. 2015).
· cites it 62× “(“Chianelli”) appeals his conviction for the sale/possession with intent to sell drug paraphernalia pursuant to Code § 18.2-265.3 by the City of Virginia Beach Circuit Court (the “circuit court”).”
Morrison v. Commonwealth, 557 S.E.2d 724 (Va. Ct. App. 2002).
· cites it 15× “To convict someone of selling or possessing with intention to sell drug paraphernalia, a trial court must find the defendant (1) sold or possessed with the intent to sell, (2) drug parapher *280 nalia, which (3) he actually knew or reasonably should have known was designed or…”
Servis v. Commonwealth, 371 S.E.2d 156 (Va. Ct. App. 1988).
· cites it 4× “1, and possession of a controlled substance (cocaine) with intent to distribute in violation of Code § 18.2-248. He assigns the following errors on this appeal: (1) that the trial court erred in not suppressing evidence which was obtained through a warrantless entry into his…”
Scott Windfield Rogers v. Commonwealth of Virginia, No. 1086971 (Va. Ct. App. Apr. 14, 1998).
· cites it 2× “In a bench trial, appellant, Scott Windfield Rogers, was convicted of selling drug paraphernalia to a juvenile in violation of Code § 18.2-265.3. On appeal, Rogers challenges the trial court's refusal to dismiss the case following the Commonwealth's request to nolle prosequi the…”
Commonwealth v. Stevens, 14 Va. Cir. 103 (Alexandria Cir. Ct. 1988).
“The Court on its own motion reduced the charge to possession of drug paraphernalia, a misdemeanor, in violation of § 18.2-265.3. The Defendant pleaded guilty and was sentenced.”
Va. Code Ann. § 18.2-265.3(A): 2 cases
Robert Chianelli, Sr. v. Commonwealth of Virginia, 770 S.E.2d 778 (Va. Ct. App. 2015).
“(“Chianelli”) appeals his conviction for the sale/possession with intent to sell drug paraphernalia pursuant to Code § 18.2-265.3 by the City of Virginia Beach Circuit Court (the “circuit court”).”
Morrison v. Commonwealth, 557 S.E.2d 724 (Va. Ct. App. 2002).
“To convict someone of selling or possessing with intention to sell drug paraphernalia, a trial court must find the defendant (1) sold or possessed with the intent to sell, (2) drug parapher *280 nalia, which (3) he actually knew or reasonably should have known was designed or…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.