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63-2-101.1.


63-2-101.1.
   
   In determining whether an object is "drug paraphernalia", a court
   shall 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. The proximity of the object, in time and space, to a direct
   violation of the Uniform Controlled Dangerous Substances Act;
   
   3. The proximity of the object to controlled dangerous substances;
   
   4. The existence of any residue of controlled dangerous substances on
   the object;
   
   5. Direct or circumstantial evidence of the intent of an owner, or of
   anyone in control of the object, to deliver it to persons who intend
   to use the object to facilitate a violation of the Uniform Controlled
   Dangerous Substances Act; the innocence of an owner, or of anyone in
   control of the object, as to a direct violation of this act shall not
   prevent a finding that the object is drug paraphernalia;
   
   6. Instructions, oral or written, provided with the object which
   either state directly or imply that the object is to be used for the
   consumption of controlled substances;
   
   7. Descriptive materials accompanying the object which explain or
   depict its use as an object for the consumption of controlled
   substances;
   
   8. The manner in which the object is displayed for sale;
   
   9. 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;
   
   10. Direct or circumstantial evidence of the ratio of sales of the
   object or objects to the total sales of the business enterprise;
   
   11. The existence and scope of legitimate uses for the object in the
   community; and
   
   12. Expert testimony concerning its use.
   

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