§ 102-112. Determination.

In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other legally 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 Law.

(3)

The proximity of the object to a controlled substance.

(4)

The existence of any residue of controlled 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 whom he knows or should reasonably know intend to use the object to facilitate a violation of the Uniform Controlled Dangerous Substances Law; the innocence of an owner or of anyone in control of the object as to a direct violation of the Uniform Controlled Dangerous Substances Law shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.

(6)

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

(7)

Descriptive materials accompanying the object which explain or depict its use.

(8)

National and local advertising concerning its use.

(9)

The manner in which the object is displayed for sale.

(10)

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

(11)

Expert testimony concerning its use.

(Code 1956, § 18-29)