In determining if an object is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, the following:
(a) Any statement by the owner of the object, or by anyone in control of it, concerning its use;
(b) The proximity in time or space of the object, or of the act relating to the object, to a violation of any provision of this chapter or of Ohio R.C. Chapter 2925;
(c) The proximity of the object to any controlled substance;
(d) The existence of any residue of a controlled substance on the object;
(e) Direct or circumstantial evidence of the intent of the owner of the object, or of anyone in control of it, to deliver it to any person whom he or she knows intends to use the object to facilitate a violation of any provision of this chapter or of Ohio R.C. Chapter 2925. A finding that the owner or anyone in control of the object is not guilty of a violation of any other provision of this chapter or of Ohio R.C. Chapter 2925, does not prevent a finding that the object was intended or designed by the offender for use as drug paraphernalia;
(f) Any oral or written instruction provided with the object concerning its use;
(g) Any descriptive material accompanying the object and explaining or depicting its use;
(h) National or local advertising concerning the use of the object;
(i) The manner and circumstances in which the object is displayed for sale;
(j) Direct or circumstantial evidence of the ratio of the sales of the object to the total sales of the business enterprise;
(k) The existence and scope of legitimate uses of the object in the community;
(l) Expert testimony concerning the use of the object.
(Ord. 4067. Passed 9-22-98.)