§ 139.05 CONSIDERATIONS FOR TRIER OF FACT.

   In determining whether or not a particular item is an item of drug paraphernalia, as defined in § 139.01, or is an item exempt under § 139.04, the trier of fact should consider, in addition to all other logically relevant factors, the following:

   (A)   The general, usual, customary, and historical use to which the item involved has been put;

   (B)   Expert evidence concerning the ordinary or customary use of the item, and the effect of any peculiarity in the design or engineering of the device upon its functioning;

   (C)   Any written instructions accompanying the delivery of the item concerning the purposes or uses to which the item can or may be put;

   (D)   Any oral instructions provided by the seller or deliverer of the item at the time and place of sale or delivery;

   (E)   Any national or local advertising, concerning the design, purpose or use of the item involved, and the entire context in which such advertising occurs;

   (F)   The manner, place and circumstances in which the item was displayed for sale, as well as any item or items displayed for sale or otherwise exhibited upon the premises where the sale was made;

   (G)   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;

   (H)   The manner, place and circumstances in which the item is possessed;

   (I)   The existence and scope of legitimate uses for the object in the community.

(Ord. 8313, passed 6-3-03)