In determining whether an object is drug paraphernalia, a court or other authority should consider in addition to all other logically relevant factors, the following:
(A) Statements by an owner or by anyone in control of the objects 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 substances;
(C) The proximity of the object, in time and space to a direct violation of state law;
(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 whom he or she knows, intends to use the object to facilitate a violation of state or local law. The innocence of an owner, or of anyone in control of the object, as to a direct violation of state law shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia;
(G) Instruction, oral or written, provided with the object concerning its use;
(H) Descriptive materials accompanying the object which explain or depict its use;
(I) National and local advertising concerning its use;
(J) The manner in which the object is displayed for sale;
(K) 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;
(L) Direct or circumstantial evidence of the ratio or sales of the object to the total sales of the business enterprise;
(M) The existence and scope of legitimate uses for the object in the community; and
(N) Expert testimony concerning its use.
(Ord. passed 5-24-2004)