In determining whether an object is a drug stem, the following facts, in addition to all other relevant evidence, may be considered:
(A) Statements by any person, owner or by anyone in control of the object concerning its use;
(B) Prior convictions, if any, of any person, owner or of anyone in control of the object, for violation of the Federal or State Controlled Substances Acts;
(C) The proximity of the drug stem, in time and space, to a controlled substance;
(D) The existence of any residue of a controlled substance on the drug stem;
(E) The proximity of the drug stem to other drug paraphernalia as deemed by the State Drug Paraphernalia Act as set forth in G.S. §§ 90-113.20 et seq.;
(F) Instructions, oral or written, provided with the drug stem concerning its use;
(G) Descriptive materials accompanying the drug stem explaining or depicting its use;
(H) Advertising concerning its use;
(I) The manner in which the drug stem is displayed for sale;
(J) The existence and scope of legitimate uses of the drug stem in the community;
(K) Expert testimony concerning whether the drug stem is primarily used for introducing a controlled substance into the human body;
(L) The intent of the owner or other person in control of the drug stem to deliver it to persons whom he or she knows or reasonably should know intended to use the object to facilitate a violation of the State Controlled Substances Act; and
(M) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.
(Ord. 06-35, passed 11-28-2006)