§ 595.04 Drug Paraphernalia Guidelines.

In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors:

         1.   Statements by an owner or by anyone in control of the object concerning its use;

         2.   Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;

         3.   The proximity of the object, in time and space, to a direct violation of this section;

         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 any person in control of the object, to deliver the object to another person whom the owner or person in control of the object knows, or should reasonably know, intends to use the object to facilitate a violation of this section. The innocence of an owner, or of any person in control of the object, as to a direct violation of this section may not prevent a finding that the object is intended or designed for use as drug paraphernalia;

         7.   Instructions, oral or written, provided with the object concerning the object’s use;

         8.   Descriptive materials accompanying the object, which explain or depict the object’s use;

         9.   National and local advertising concerning the object’s 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, for example, a licensed distributor or dealer of tobacco products;

         12.   Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;

         13.   The existence and scope of legitimate uses for the object in the community;

         14.   Expert testimony concerning the object’s use; and

         15.   The actual or constructive possession by the owner or by a person in control of the object or the presence in a vehicle or structure where the object is located of written instructions, directions, or recipes to be used, or intended or designed to be used, in manufacturing, producing, processing, preparing, testing, or analyzing a controlled substance.

(Ord. passed 4-22-2015)