(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:(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;(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;(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; (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, lances 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, 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 hite 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 have become too small or too short to be held in the hand;(14) Miniature cocaine spoons and cocaine vials; and(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 ompanying 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 of 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; and(9) The existence and scope of legitimate uses for the object in the community.
West Virginia Legal Code