1In determining whether an object is drug paraphernalia, a court or other authority or jury shall consider, in addition to all other logically relevant factors, the following:28(1) 29Statements by an owner or by anyone in control of the object concerning its use.
44(2) 45The proximity of the object, in time and space, to a direct violation of this act.
61(3) 62The proximity of the object to controlled substances.
70(4) 71The existence of any residue of controlled substances on the object.
82(5) 83Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this 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 intended for use, or designed for use, as drug paraphernalia.
167(6) 168Instructions, oral or written, provided with the object concerning its use.
179(7) 180Descriptive materials accompanying the object which explain or depict its use.
191(8) 192Any advertising concerning its use.
197(9) 198The manner in which the object is displayed for sale.
208(10) 209Whether 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 of or dealer in tobacco products.
242(11) 243Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.
265(12) 266The existence and scope of legitimate uses for the object in the community.
279(13) 280Expert testimony concerning its use.
