A. For purposes of this chapter, "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 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 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 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 that is adapted for the production of controlled drugs under circumstances 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. "Controlled paraphernalia" does not include drug checking products used to determine the presence or concentration of a contaminant that can cause physical harm or death.
B. Except as authorized in this chapter, it is unlawful for any person to possess controlled paraphernalia.
C. Except as authorized in this chapter, it is unlawful for any person to distribute controlled paraphernalia.
D. A violation of this section is a Class 1 misdemeanor.
E. 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 continue to be used for the legitimate purposes for which they were obtained.
F. The provisions of this section and of § 18.2-265.3 shall not apply to (i) a person who dispenses naloxone in accordance with the provisions of subsection Z of § 54.1-3408 and who, in conjunction with such dispensing of naloxone, dispenses or distributes hypodermic needles and syringes for injecting such naloxone or (ii) a person who possesses naloxone that has been dispensed in accordance with the provisions of subsection Z of § 54.1-3408 and possesses hypodermic needles and syringes for injecting such naloxone in conjunction with such possession of naloxone.
G. The provisions of this section and of § 18.2-265.3 shall not apply to (i) a person who possesses or distributes controlled paraphernalia on behalf of or for the benefit of a comprehensive harm reduction program established pursuant to § 32.1-45.4 or (ii) a person who possesses controlled paraphernalia obtained from a comprehensive harm reduction program established pursuant to § 32.1-45.4.
1971, Ex. Sess., cc. 210, 245; 1976, c. 614; 1988, c. 765; 2016, c. 229; 2018, c. 97; 2019, c. 215; 2020, c. 839; 2025, cc. 266, 277, 281.
Notes of Decisions
Syblis v. Attorney Gen. of the United States, 763 F.3d 348 (3rd Cir. 2014).
· cites it 18× “The charges were later amended, for unknown reasons, to possession of drug paraphernalia, in violation of Va.Code Ann. § 54.1-3466. He was convicted on November 30, 2004 of the amended charge.”
Battle v. Commonwealth, 406 S.E.2d 195 (Va. Ct. App. 1991).
· cites it 12× “On this appeal, he raises the questions whether balance scales are controlled paraphernalia as defined by Code § 54.1-3466 and whether the trial judge erred in refusing to dismiss indictments of enhanced offenses that were obtained after the trial judge granted the…”
Ryan Berkeley Allison v. Commonwealth of Virginia (Va. Ct. App. 2021).
· cites it 46× “Ryan Berkeley Allison (“appellant”) was convicted of one count of possession of controlled paraphernalia, in violation of Code § 54.1-3466. On appeal, he argues the trial court erred in denying his motion to dismiss and motions to strike because the evidence was insufficient to…”
Damian Syblis v. Atty Gen USA (3rd Cir. 2014).
· cites it 17× “The charges were later amended, for unknown reasons, to possession of drug paraphernalia, in violation of Va. Code Ann. § 54.1-3466 . He was convicted on November 30, 2004 of the amended charge.”
Ashley Nicole Sullivan v. Commonwealth of Virginia (Va. Ct. App. 2020).
· cites it 2× “2-250 and three misdemeanors: possession of controlled paraphernalia in violation of Code § 54.1-3466; possession of a Schedule III drug in violation of Code § 18.”
Commonwealth of Virginia v. Joshua Lawrence Bowen (Va. Ct. App. 2021).
· cites it 2× “2-250, and misdemeanor possession of drug paraphernalia, in violation of Code § 54.1-3466. The plea agreement provided that he would receive a suspended sentence of ninety days in jail for the drug paraphernalia charge and a total sentence of four years’ incarceration for the…”
Michael Tink Lane v. Commonwealth of Virginia (Va. Ct. App. 2022).
· cites it 2× “2-250, misdemeanor possession of drug paraphernalia, in violation of Code § 54.1-3466, and felony failure to appear, in violation of Code § 19.”
Derry v. Clarke (W.D. Va. 2024).
· cites it 2× “2-248; misdemeanor possession of drug paraphernalia, in violation of Virginia Code § 54.1-3466; and third offense obtaining money by false pretenses and conspiracy to do so, both felonies in violation of Virginia Code 18.”
Paul Earnest Prater, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2026).
· cites it 2× “6 Just because a defendant can creatively alter an innocuous object should not make 6 Code § 54.1-3466 defines drug paraphernalia as (i) a hypodermic syringe, needle, or other instrument or implement or combination thereof adapted for the administration of controlled dangerous…”
— Va. Code Ann. § 54.1-3466(A) — 1 case
Ryan Berkeley Allison v. Commonwealth of Virginia (Va. Ct. App. 2021).
“Ryan Berkeley Allison (“appellant”) was convicted of one count of possession of controlled paraphernalia, in violation of Code § 54.1-3466. On appeal, he argues the trial court erred in denying his motion to dismiss and motions to strike because the evidence was insufficient to…”
— Va. Code Ann. § 54.1-3466(A)(i) — 1 case
Ryan Berkeley Allison v. Commonwealth of Virginia (Va. Ct. App. 2021).
“Ryan Berkeley Allison (“appellant”) was convicted of one count of possession of controlled paraphernalia, in violation of Code § 54.1-3466. On appeal, he argues the trial court erred in denying his motion to dismiss and motions to strike because the evidence was insufficient to…”
— Va. Code Ann. § 54.1-3466(B) — 1 case
Ryan Berkeley Allison v. Commonwealth of Virginia (Va. Ct. App. 2021).
“Ryan Berkeley Allison (“appellant”) was convicted of one count of possession of controlled paraphernalia, in violation of Code § 54.1-3466. On appeal, he argues the trial court erred in denying his motion to dismiss and motions to strike because the evidence was insufficient to…”
— Va. Code Ann. § 54.1-3466(C) — 1 case
Ryan Berkeley Allison v. Commonwealth of Virginia (Va. Ct. App. 2021).
“Ryan Berkeley Allison (“appellant”) was convicted of one count of possession of controlled paraphernalia, in violation of Code § 54.1-3466. On appeal, he argues the trial court erred in denying his motion to dismiss and motions to strike because the evidence was insufficient to…”
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