In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logical, 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 municipal, state, or federal law relating to any controlled substance;
(C) The proximity of the object in time and space, to a direct violation of this subchapter or O.R.S. 475.752 to 475.980;
(D) The proximity of the object to controlled substances;
(E) The existence of any residue of controlled substances to the object;
(F) Instructions, oral or written, provided with the object concerning its use;
(G) Descriptive materials accompanying the object which explain or depict its use;
(H) The manner in which the object is displayed for sale;
(I) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(J) The existence and scope of legitimate uses for the object in the community; and
(K) All objects present, when viewed collectively, can have significant clues to their intended use as drug paraphernalia.
(Ord. 717, passed 9-12-2011)