Determination Whether Object Is Drug Paraphernalia

  1. Law
  2. Tennessee Code
  3. Criminal Offenses
  4. Offenses Against Public Health, Safety and Welfare
  5. Drugs
  6. Determination Whether Object Is Drug Paraphernalia

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In determining whether a particular object is drug paraphernalia as defined by §39-17-402, the court or other authority making that determination shall, in addition to all other logically relevant factors, consider the following:

  1. Statements by the owner or anyone in control of the object concerning its use;
  2. Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to controlled substances or controlled substance analogues;
  3. The existence of any residue of controlled substances or controlled substance analogues on the object;
  4. Instructions, oral or written, provided with the object concerning its use;
  5. Descriptive materials accompanying the object that explain or depict its use;
  6. The manner in which the object is displayed for sale;
  7. The existence and scope of legitimate uses for the object in the community; and
  8. Expert testimony concerning its use.


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