18.2-265.2 - Evidence to be considered in cases under this article.
§ 18.2-265.2. Evidence to be considered in cases under this article.
In determining whether an object is drug paraphernalia, the court mayconsider, in addition to all other relevant evidence, the following:
1. Constitutionally admissible statements by the accused concerning the useof the object;
2. The proximity of the object to marijuana or controlled substances, whichproximity is actually known to the accused;
3. Instructions, oral or written, provided with the object concerning its use;
4. Descriptive materials accompanying the object which explain or depict itsuse;
5. National and local advertising within the actual knowledge of the accusedconcerning its use;
6. The manner in which the object is displayed for sale;
7. Whether the accused is a legitimate supplier of like or related items tothe community, such as a licensed distributor or dealer of tobacco products;
8. Evidence of the ratio of sales of the objects defined in § 18.2-265.1 tothe total sales of the business enterprise;
9. The existence and scope of legitimate uses for the object in the community;
10. Expert testimony concerning its use or the purpose for which it wasdesigned;
11. Relevant evidence of the intent of the accused to deliver it to personswho he knows, or should reasonably know, intend to use the object with anillegal drug. The innocence of an owner, or of anyone in control of theobject, as to a direct violation of this article shall not prevent a findingthat the object is intended for use or designed for use as drug paraphernalia.
(1981, c. 598; 1983, c. 535.)