(1) In determining whether an object is drug paraphernalia, a court, in its discretion, may consider, in addition to all other relevant factors, the following:
Statements by an owner or by anyone in control of the object concerning its use;
The proximity of the object to controlled substances;
The existence of any residue of controlled substances on the object;
Direct or circumstantial evidence of the knowledge of an owner, or of anyone incontrol of the object, or evidence that such person reasonably should know, that it will be delivered to persons who he knows or reasonably should know, could use the object to facilitate a violation of sections 18-18-425 to 18-18-430;
Instructions, oral or written, provided with the object concerning its use;
Descriptive materials accompanying the object which explain or depict its use;
National or local advertising concerning its use;
The manner in which the object is displayed for sale;
Whether the owner, or anyone in control of the object, is a supplier of like or relateditems to the community for legal purposes, such as an authorized distributor or dealer of tobacco products;
The existence and scope of legal uses for the object in the community;(k) Expert testimony concerning its use.
(2) In the event a case brought pursuant to sections 18-18-425 to 18-18-430 is tried before a jury, the court shall hold an evidentiary hearing on issues raised pursuant to this section. Such hearing shall be conducted in camera.
Source: L. 92: Entire article R&RE, p. 377, § 1, effective July 1.
Editor's note: This section is similar to former § 12-22-503 as it existed prior to 1992.