(a) As used in this chapter, “drug paraphernalia” means any equipment, product, or material of any kind that is used by the offender, intended by the offender for use, or designed for use, in propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introduced into the human body, a controlled substance in violation of this chapter. “Drug paraphernalia” includes, but is not limited to, any of the following equipment, products, or materials that are used by the offender, intended by the offender for use, or designed by the offender for use, in any of the following manners:
(1) A kit for propagating, cultivating, growing, or harvesting any species of a plant that is a controlled substance or from which a controlled substance can be derived.
(2) A kit for manufacturing, compounding, converting, producing, processing, or preparing a controlled substance.
(3) Any object, instrument, or device for manufacturing, compounding, converting, producing, processing, or preparing methamphetamine.
(4) An isomerization device for increasing the potency of any species of a plant that is a controlled substance.
(5) Testing equipment for identifying, or analyzing the strength, effectiveness, or purity of, a controlled substance.
(6) A scale or balance for weighing or measuring a controlled substance.
(7) A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, or lactose, for cutting a controlled substance.
(8) A separation gin or sifter for removing twigs and seeds from, or otherwise cleaning or refining, marihuana.
(9) A blender, bowl, container, spoon, or mixing device for compounding a controlled substance.
(10) A capsule, balloon, envelope, or container for packaging small quantities of a controlled substance.
(11) A container or device for storing or concealing a controlled substance.
(12) A hypodermic syringe, needle, or instrument for parenterally injecting a controlled substance into the human body.
(13) An object, instrument, or device for ingesting, inhaling, or otherwise introducing into the human body, marihuana, cocaine, hashish, or hashish oil, such as a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or without a screen, permanent screen, hashish head, or punctured metal bowl; water pipe; carburetion tube or device; smoking or carburetion mask; roach clip or similar object used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; miniature cocaine spoon, or cocaine vial; chamber pipe; carburetor pipe; electric pipe; air driver pipe; chillum; bong; or ice pipe or chiller.
(b) In determining if any equipment, product or material is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, the following:
(1) Any statement by the owner or by anyone in control of the object, concerning its use.
(2) The proximity in time or space of the equipment, product or material, or of the act relating to the equipment, product or material, to a violation of any provision of this chapter or Ohio R.C. Chapter 2925.
(3) The proximity of the equipment, product or material to any controlled substance.
(4) The existence of any residue of a controlled substance on the equipment, product or material.
(5) Direct or circumstantial evidence of the intent of the owner, or of anyone in control, of the equipment, product or material, to deliver it to any person whom he or she knows intends to use the equipment, product or material to facilitate a violation of any provision of this chapter or Ohio R.C. Chapter 2925. A finding that the owner or anyone in control of the equipment, product or material is not guilty of a violation of any other provision of this chapter or Ohio R.C. Chapter 2925 does not prevent a finding that the equipment, product or material was intended or designed by the offender for use as drug paraphernalia.
(6) Any oral or written instruction provided with the equipment, product or material concerning its use.
(7) Any descriptive material accompanying the equipment, product or material and explaining or depicting its use.
(8) National or local advertising concerning the use of the equipment, product or material.
(9) The manner and circumstances in which the equipment, product or material is displayed for sale.
(10) Direct or circumstantial evidence of the ratio of the sales of the equipment, product or material to the total sales of the business enterprise.
(11) The existence and scope of legitimate uses of the equipment, product or material in the community.
(12) Expert testimony concerning the use of the equipment, product or material.
(ORC 2925.14(A), (B)) (Ord. C56-80. Passed 10-6-80.)