{"data":{"id":"us-wv/w.-va.-code-47-19-3","jurisdiction":"us-wv","citation":"W. Va. Code § 47-19-3","heading":"Drug paraphernalia defined.","body":"(a) The following items, if marketed for use or designed for the use with controlled substances, are considered drug paraphernalia for the purpose stated in §47-19-1 et seq. of this code:\n(1) Kits marketed for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;\n(2) Kits marketed for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;\n(3) Isomerization devices marketed for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;\n(4) Testing equipment marketed for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances: Provided, That test strips are not considered drug paraphernalia for the purpose stated in §47-19-1 et seq. of this code;\n(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;\n(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, marketed for use, or designed for use in cutting controlled substances;\n(7) Separation gins and sifters marketed for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;\n(8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;\n(9) Capsules, balloons, envelopes, and other containers marketed for use, or designed for use in packaging small quantities of controlled substances;\n(10) Hypodermic syringes, needles, and other objects marketed for use, or designed for use in parenterally injecting controlled substances into the human body;\n(11) Paper of colorful design, with names oriented for use with controlled dangerous substances and displayed: Provided, That white paper or tobacco-oriented paper not necessarily designed for use with controlled substances is not covered;\n(12) Pipes displayed in the proximity of roach clips, or literature encouraging illegal use of controlled substances, are covered by this article: Provided, That pipes otherwise displayed are not covered by this article;\n(13) Roach clips: Meaning objects used to hold burning material, such as a marijuana cigarette, that have become too small or too short to be held in the hand;\n(14) Miniature cocaine spoons and cocaine vials; and\n(15) Chillums or bongs.\n(b) In determining whether an object is marketed for use or designed for use as drug paraphernalia, the State Tax Commissioner or other authority should consider the following:\n(1) The proximity of the object, in time and space, to a controlled substance;\n(2) The existence of any residue of controlled substances on the object;\n(3) Instructions, oral or written, provided with the object concerning its use;\n(4) Descriptive materials accompanying the object which explain or depict its use;\n(5) National and local advertising concerning its use;\n(6) The manner in which the object is displayed for sale;\n(7) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;\n(8) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise; and\n(9) The existence and scope of legitimate uses for the object in the community.","path":["CHAPTER 47. REGULATION OF TRADE.","ARTICLE 19. DRUG PARAPHERNALIA."],"source_url":"https://code.wvlegislature.gov/47-19-3/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:30:13Z","sha256":"b2a7b4090fec2b13705d51a118cd788014b059099287a9b08c1ffabfda29ae59","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-47-19-2","next":"us-wv/w.-va.-code-47-19-4"},"notice":"GroundRules: Original legal text. Not legal advice."}