§ 38-122. Determination.

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:

(1)

Statements by an owner or by anyone in control of the object concerning its use;

(2)

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 substance or cannabis;

(3)

The proximity of the object, in time and space, to a direct violation of this Section;

(4)

The proximity of the object to controlled substances or cannabis;

(5)

The existence of any residue of controlled substances or cannabis on the object;

(6)

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 knows intend to use the object to facilitate a violation of this Section. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this Section shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;

(7)

Instructions, oral or written, provided with the object concerning its use;

(8)

Descriptive materials accompanying the object that explain or depict its use;

(9)

National and local advertising concerning its use;

(10)

The manner in which the object is displayed for sale;

(11)

Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

(12)

The existence and scope of legitimate uses for the object in the community; and

(13)

Expert testimony concerning its use.

(Ord. No. 1492, § 2, 11-9-2006)