MUJI 2d CR1208

In determining whether an object is drug paraphernalia, you should consider:

[statements by an owner or by anyone in control of the object concerning its use;]

[prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to a controlled substance;]

[the proximity of the object, in time and space, to a direct violation of this chapter;]

[the proximity of the object to a controlled substance;]

[the existence of any residue of a controlled substance on the object;]

[instructions whether oral or written, provided with the object concerning its use;]

[descriptive materials accompanying the object which explain or depict its use;]

[national and 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 legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;]

[direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;]

[the existence and scope of legitimate uses of the object in the community;]

[whether the object is subject to Section 58-37a-5;]

[expert testimony concerning its use; and]

Any other logically relevant factor.