In considering whether an item is drug paraphernalia under this chapter, a court or other authority shall consider, in addition to all other logically relevant factors, but subject to current rules of evidence:
(A) Statements by an owner or by anyone in control of an object concerning its use;
(B) The existence of any residue of controlled substance on the object;
(C) 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 or she knows or should reasonably know intend to use the object to facilitate a violation of this chapter (the innocence of an owner or of anyone in control of the object as to a direct violation of this chapter does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia);
(D) Instructions, oral or written, provided with the object concerning its use;
(E) Descriptive materials accompanying the object which explain or depict its use;
(F) The manner in which the object is displayed for sale;
(G) Whether the owner or anyone in control of the object is a supplier of similar or related items to the community, such as a licensed distributor or dealer of tobacco products;
(H) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(I) The existence of scope of uses for the object in the community;
(J) The physical design characteristics of the item; and
(K) Expert testimony concerning its use.
(Prior Code, § 6.24) (Ord. effective 10-4-1982; Ord. effective 10-18-2019)