§ 22-316. Determining whether an object is drug paraphernalia.

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 person in control of the object concerning its use.

(2)

Prior convictions, if any, of any owner or person in control of the object, under any state or federal law relating to any controlled substance.

(3)

The proximity of the object, in time and space, to a direct violation of this division or the Uniform Controlled Substances Act.

(4)

The proximity of the object to controlled substances.

(5)

The existence of any residue of controlled substances on the object.

(6)

Direct or circumstantial evidence of the intent of an owner or person in control of the object to deliver it to a person the owner or person in control of the object knows, or should reasonably know, intends to use the object to facilitate a violation of this division or the Uniform Controlled Substances Act. The innocence of an owner or person in control of the object as to a direct violation of this division or the Uniform Controlled Substances Act shall not prevent a finding that the object is intended for use as drug paraphernalia.

(7)

Oral or written instructions provided with the object concerning its use.

(8)

Descriptive material accompanying the object which explains or depicts its use.

(9)

National and local advertising concerning the object's use.

(10)

The manner in which the object is displayed for sale.

(11)

Whether the owner or person in control of the object is a legitimate supplier of similar or related items to the community, such as a distributor or dealer of tobacco products.

(12)

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

(13)

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

(14)

Expert testimony concerning the object's use.

(Code 1964, § 23-34.2(b); Code 1988, § 22-248; Ord. No. 62235, §§ 1, 2, 11-13-1980; Ord. No. 63622, §§ 1—6, 12-21-1981; Ord. No. 65498, § 69, 1-4-1990)

State law reference

Similar provisions, K.S.A. 61-4151.