In determining whether an object is drug paraphernalia, in addition to all other relevant factors, the following factors shall be considered:
(A) Statements by an owner, or by anyone in control of the object, concerning its use;
(B) The proximity of the object to controlled substances;
(C) The existence of any residue of controlled substances on the object;
(D) 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 intend to use the object to violate any provisions of this chapter;
(E) Instructions, oral or written, provided with the object concerning its use;
(F) Descriptive materials accompanying the object which explain or depict its use;
(G) National and local advertising concerning its use known to the defendant;
(H) The manner in which the object is displayed for sale;
(I) The existence and scope of legitimate uses for the object in the community; and
(J) Expert testimony concerning its use.
(1979 Code, § 9.191) (Ord. 90, passed 7-2-1985)