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(A) Unless the context requires otherwise, all words and terms used in this section shall be interpreted as defined in KRS 218A.500.
(B) Prohibited activities. The following shall be prohibited:
(1) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.
(2) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
(3) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(KRS 218A.500(2) – (4))
(C) Factors to be considered in determining whether an object is drug paraphernalia. In determining whether an object is drug paraphernalia, the following, in addition to all other logically relevant factors, shall be considered:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) Prior convictions, if any, of any owner or of anyone in control of the object, under any law relating to any controlled substance;
(3) The proximity of the object, in time and space, to a direct violation of division (B) above;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances on the object;
(6) Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonable know, intend to use the object to facilitate a violation of division (B) above; the innocence of an owner or of anyone in control of the object, as to a direct violation of division (B) above shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia;
(7) Instructions, oral or written, provided with the object concerning its use;
(8) Descriptive materials accompanying the object which explain or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(11) 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;
(12) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(13) The existence and scope of legitimate uses for the object in the community; or
(14) Expert testimony concerning its use.
(D) Violation of this section shall be a class A misdemeanor, punishable as set forth in § 136.99.
(KRS 218A.990(14)) (KRS 218A.510)
(E) (1) Prior to searching a person, a person’s premises, or a person’s vehicle, a peace officer may inquire as to the presence of needles or other sharp objects in the areas to be searched that may cut or puncture the officer and offer to not charge a person with possession of drug paraphernalia if the person declares to the officer the presence of the needle or other sharp object. If, in response to the offer, the person admits to the presence of the needle or other sharp object prior to the search, the person shall not be charged with or prosecuted for possession of drug paraphernalia for the needle or sharp object or for possession of a controlled substance for residual or trace drug amounts present on the needle or sharp object.
(2) The exemption under this division (E) shall not apply to any other drug paraphernalia that may be present and found during the search or to controlled substances present in other than residual or trace amounts.
(Ord. 14-80, passed 6-17-80) Penalty, see § 136.99