In determining whether an object is “drug paraphernalia”, a court or other authority should consider, in addition to all other relevant factors, the following:
(A) Statements by an owner or anyone in control of the object concerning its use;
(B) Prior convictions, if any, of an owner or anyone in control of the object, under any state or federal law relating to any controlled substances;
(C) The proximity of the object, in time and place, to a direct violation of this subchapter;
(D) The proximity of the object to controlled substances;
(E) The existence of any residue of controlled substances on the object;
(F) Direct and circumstantial evidence of the intent of an owner or anyone in control of the object to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this subchapter; and the innocence of any owner or anyone in control of the object, as to a direct violation of this subchapter, shall not prevent a finding that the object is intended or designed for use as “drug paraphernalia”;
(G) Instructions, oral or written, provided with the object concerning its use;
(H) Descriptive materials accompanying the object which explain or depict its use;
(I) National and local advertising concerning the object’s use;
(J) The manner in which the object is displayed for sale;
(K) 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;
(L) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise in question;
(M) The existence and scope of legitimate uses for the object in the community; and
(N) Expert testimony concerning the object’s use.
(Prior Code, § 27-11-2)