WV/DRUG 3 
Org. 12/05 
                                       ARTICLE 19. 
                                                 
                            DRUG PARAPHERNALIA 
                                                 
SEC. 
47-19-1             Items designed or marketed for use with controlled substances, 
                    license required. 
47-19-2             Application.
47-19-3             Drug paraphernalia defined. 
47-19-4             Records.
47-19-5             Regulations.
47-19-6             Sales to minors prohibited, penalty. 
47-19-7             Penalty
47-19-8             Severability.
 
Cross references. – Contraband forfeiture, c. 60A, art 7. 
 
§ 47-19-1.   Items designed or marketed for use with controlled substances; license 
required. 
 
           It shall be unlawful for any person or persons as principal, clerk, agent or servant to sell 
any items, effect, paraphernalia, accessory or thing which is designed or marketed for use with 
controlled substances, as defined in chapter sixty-A [ § 60A-1-101 et seq. ] of this Code, without 
obtaining a license therefore from the state tax commissioner.  Such licenses shall be  in 
addition to any or all other licenses held by applicant.  The fee for such license shall be one 
hundred fifty dollars.  (1982, c. 47.) 
 
§ 47-19-2.   Application. 
 
           Application to sell any item, effect, paraphernalia, accessory or thing which is designed 
or marketed for use with controlled substances shall be accompanied by affidavits by applicant 
and each and every employee authorized to sell such items that such person has never been 
convicted of a drug-related offense.  (1982, c. 47.) 
 
§ 47-19-3.   Drug paraphernalia defined. 

           (a) The following items, if marketed for use or designed for use with controlled 
substances, are considered drug paraphernalia for the purpose stated in section one [ § 47-19-
1] of this article: 
 
 1.  Kits marketed for use, or designed for use in planting, propagating, cultivating, growing, 
           or harvesting of any species of plant which is controlled substance or from which  a 
           controlled substance can be derived; 
 2.  Kits marketed for use, or designed for use in manufacturing, compounding, converting, 
           producing, processing or preparing controlled substances; 
 3.  Isomerization devices marketed for use, or designed for use in increasing the potency of 
           any species of plant which is a controlled substance; 

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 4.  Testing equipment marketed for use, or designed for use in identifying, or in analyzing 
 the strength, effectiveness or purity of controlled substances; 
 5.  Scales and balances  used, intended for use, or designed for use in weighing or 
 measuring controlled substances; 
 6.  Diluents and adulterants, such as  quinine  hydrochloride,  mannitol, mannite, dextrose 
 and lactose, marketed for use, or designed for use in cutting controlled substances; 
 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; 
 8.  Blenders, bowls, containers, spoons and mixing devices used, or intended for use, or 
 designed for use in compounding controlled substances; 
 9.  Capsules, balloons, envelopes and other containers marketed for use, or designed for 
 use in packaging small quantities of controlled substances; 
 10. Hypodermic syringes, needles and other objects marketed for use, or designed for use 
 in parenterally injecting controlled substances into the human body. 
 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; 
 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; 
 13. Roach clips:  meaning objects used to hold  burning material, such  as a marijuana 
 cigarette, that has become too small or too short to be held in the hand; 
 14. Miniature cocaine spoons, and cocaine vials; or 
 15. Chillums or bongs. 
  
 (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: 
 
  (1) The proximity of the object, in time and space, to a controlled 
                     substance; 
  (2) The existence of any residue of controlled substances on the object: 
  (3) Instructions, oral or written, provided with the object concerning its use; 
  (4) Descriptive materials accompanying the object  which explain or depict 
                     its use; 
  (5) National and local advertising concerning its use; 
  (6) The manner in which the object is displayed for sale; 
  (7) Whether the owner, or anyone in control of the object, is a legitimate 
                     supplier or like or related items to the community; such as a licensed 
                     distributor or dealer of tobacco products; 
  (8) Direct or circumstantial evidence of the ratio of sales of the object or 
                     objects to the total sales of the business enterprise; 
  (9) The existence  and scope of legitimate uses for the object in the 
                     community.  (1982, c. 47.) 
 
§ 47-19-4.  Records. 
 
 Every licensee must keep a record of every item, effect, paraphernalia, accessory or 
thing  which is designed or marketed for use with controlled substances which is sold, and this 

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record shall be open to the inspection of any police office at any time during the hours  of 
business.  Such record shall contain the name and address of the purchaser, the name and 
quantity of the product, the date and time of the sale, and the licensee or agent of the licensee’s 
signature.  Such records, shall be retained for not less than two years.  (1982, c. 47.) 
  
§ 47.19-5.  Regulations. 
 
 The applicant shall comply  with all applicable rules of the state tax commissioner, 
promulgated pursuant to the provisions of chapter twenty-nine-A [ § 29A-1-1 et seq. ] of this 
code. (1982, c. 47.) 
 
§ 47-19-6.  Sale to minors prohibited; penalty. 
 
 It shall be unlawful to sell items as described in section three [ 47-19-3 ] of this article in 
any form to any male or female child under eighteen years of age.  Any person eighteen years 
of age or older who violates this section is guilty of a felony, and, upon conviction thereof, may 
be imprisoned in the penitentiary for not less than one nor more than five years, or in the 
discretion of the court, be confined in the county jail not more than one year and shall be fined 
not more than fifteen thousand dollars, or both.  (1982, c. 47.) 
 
§ 47-19-7.  Penalty. 
 
 Any person violating any provision of this article shall, if convicted, be guilty of a 
misdemeanor and be fined not less than ten dollars nor more than five hundred dollars for the 
first offense and succeeding offenses, and each day that such violation shall continue shall be 
deemed a separate and distinct offense.  (1982, c. 47.) 
 
§ 47-19-8.  Sale of drug paraphernalia at certain events or outdoors prohibited. 
 
 (a)  Any person who attempts to sell or offer for sale drug paraphernalia as such is 
defined in section three of this article at any fair, festival, musical or theatrical production or at 
any event performed or conducted outdoors is guilty of a misdemeanor and, upon conviction, 
shall be fined not less than ten dollars nor more than five hundred dollars. 
  
 (b)  Any person who attempts to sell or offer for sale items as described in section three 
of this article at any temporary roadside booth or table along any municipal street or highway is 
guilty of a misdemeanor and, upon conviction, shall be fined not less than ten dollars nor more 
than five hundred dollars. 
 
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