Business Registration - Drug Paraphernalia

License required to sell drug paraphernalia

Before selling any items, effect, paraphernalia, accessory or thing which is designed or marketed for use with controlled substances, as defined in chapter 60A of the West Virginia Code, a person must first obtain a license to sell drug paraphernalia from the Tax Commissioner by filing form DRUG-1 together with an affidavit (DRUG-2) by the applicant and each employee authorized to sell such items along with an application fee of $150.00. This license is in addition to the business registration certificate.

What is drug paraphernalia?

Drug paraphernalia includes the following items, if marketed for use or designed for the use with controlled substances:

  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;
  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, 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, except that white paper or tobacco oriented paper not necessarily designed for use with controlled substances is not included;
  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.

Code reference: W. Va. Code § 47-19-1 et seq.