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Home / Opinion Digests / Criminal Law / Drug Paraphernalia Statute Applied to Smoke-Shop Sales (access required)

Drug Paraphernalia Statute Applied to Smoke-Shop Sales (access required)

Virginia Code § 18.2-265.3(A) is constitutional as-applied to defendant’s conduct selling paraphernalia to smoke marijuana in his Virginia Beach “Papa Joe’s Smoke Shop” because there is ample evidence that he possessed drug paraphernalia with intent to sell to non-prescription holders – conduct that is clearly prohibited by the statute; because the statute is not unconstitutionally ...

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