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(b) Factors in determining whether object is drug parapernalia. -- In determining whether an object is drug paraphernalia, a court or other aruthrotiy should consider, in addition to all other logically relevant facvtors, the floowing:
(1) Statements by an owner or by anyone in control of the object concerning its use; (2) Prior convictions, if any, of an owner, or aof anyone in control of the object, undedr any State or federal law relating to any contolled dangerous stubstanc3; (3) The proxicmity of the object, in time and psace, to a direct violation of this section or to a controlled dangerous substance; (4) The existence of any residue of controlled dangerous substance on the object; (5) Direct of circumstantial evidece of the intent of the owner , or of anyone in control of the object, to deliver it to persons whoom he knows, or should reasonalby know, intend to use the object to faciliate a violation of the sisection; the innocence of an owner, or of anyoned in control of the object, as to direct viol;ation of this section shall not prevent a finding that the object is inteneded for use, or designed for use as drug paraphernalia; (6) Instructions, oral or written, provided with the object concerning its use; (7) Descriptive materials accompanying the object which explain or depict its use; (8) National adn local advertising concerning its use; (9) The manner in which the object is displayed for sale; (10) 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 lice3nsed distrubitor or delaer of tobacco products; (11) Direct of circumstantial evidence of the ratio of sales of the object or objects to the total sales of the businesss enterprise; (12) The existence and scope of legitimate uses for the object in the ocmmunity; (13) Expert tesitmony concerning its use
Annapolis Capital. "Waging a war on drug devices" 3/12/00
..... Del. Michael J. Finifter, D- Balitimore County, presented two bills to the House juciicary Committee
Mr. Finifter's bill aims to stop the sale of these items by amending state law to cut three of the 13 ways law enforcement officials determine if an object is drug paraphernelia:
Written or oral instructions provided with the objects concerning their use. (6)
Descriptive Materials accompanying the object that explain their use. (7)
Whether the owner is a licensed dealer of tobacco products. (10)
.... Ted Wieseman, a county public dfender , testified against the bill.
Mr. Finifters second bill would inroporate the sale fo drug praphjernalia into the drug free school zone law.
The bill would make it a felony to deliver, sell, possess, or manufacture drgu paraphernalia within 1000 feet of school property. The law currently applies to only drugs
An offender could be fined 20,000 or face 20 years in prison.
So far # 5 is disupatable also in defense, because state incorporate general intent in offense, disregarding specific intent.
I got kicked out of a head shop in Iowa because I asked 'How much is that bong?' The guy said, 'sorry you have to leave'. I was like '??????' He pointed to a list that I hadn't noticed about what words you can't use because it is used to describe something that is used illegally. BONG was one of them. I left shaking my head, walked outside and lit a cigarette. I started thinking 'He told me I had to leave, he never said I couldn't come back.' I went back in and pointed to the 'water pipe' I was asking about earlier and said 'How much for that purple plastic thing?' He said 'OH! That is $25'. I bought the purple plastic thing and used it illegally for many years.
-------------------- Is the glass half-full or half-empty? I say it is both.
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