§ 136.23  EXEMPTED ITEMS.
   (A)   Items marketed for use in the preparation, compounding, packaging, labeling, or other use of cannabis or a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale; or
   (B)   Items marketed for, or historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance.
   (C)   Items excepted under this division include, but are not limited, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette-rolling papers.
   (D)   Items listed in section (B) of the Controlled Substances Act which are marketed for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for any illicit purposes prohibited by this Act.
   (E)   In determining whether or not a particular item is exempt under this section, the trier of fact should consider, in addition to all other logically relevant factors, the following:
      (1)   The general, usual, customary, and historical use to which the items involved had been put;
      (2)   Expert evidence concerning the ordinary or customary use of the item and the effect of any peculiarity in the design or engineering of the device upon its functioning;
      (3)   Any written instructions accompanying the delivery of the item concerning the purposes or uses to which the item can or may be put;
      (4)   Any oral instructions provided by the seller of the item at the time and place of sale or commercial delivery;
      (5)   Any national or local advertising, concerning the design, purpose or use of the item involved, and the entire context in which such advertising occurs;
      (6)   The manner, place and circumstances in which the item was displayed for sale, as well as any item or items displayed for sale or otherwise exhibited upon the premises where the sale was made;
      (7)   Whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
      (8)   The existence and scope of legitimate uses for the object in the community.
(Ord. 98-09, passed 6-15-98)