In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other legally relevant factors, the following:
(A) Statements by an owner or by anyone in control of the object concerning its use;
(B) 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;
(C) Direct or circumstantial evidence of the intent of the owner, or of anyone in control of the object, to deliver to persons whom he knows or has reason to believe intend to use the object to facilitate a violation of the Controlled Substances Act;
(D) The proximity of the object to controlled substances;
(E) The existence of any residue of controlled substances on the object;
(F) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he knows or has reason to believe intend to use the object to facilitate a violation of this Act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this Act should not prevent a finding that the object is intended for use or designed for use as drug paraphernalia;
(G) Instructions, oral or written, provided with the object concerning its use;
(H) Descriptive material accompanying the object which explain or depict its use;
(I) National or local advertising concerning its use;
(J) The manner in which the object is displayed for sale;
(K) The existence and scope of legitimate use for the object in the community; and
(L) Expert testimony concerning its use.
('68 Code, § 8-201(b)) (Ord. 644, passed 2-2-87; Am. Ord. 700, passed 4-15-91)