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be and the same
<br />
<br />(I) National and local advertising concerning its use;
<br />(J) The manner in which the object is displayed for sa~et
<br />(K) Whether the owner, or anyone in control of the object,
<br /> is a legitimate supplier of like or related items to the
<br /> community, such as a licensed distributor Or dealer of
<br /> tabacco products;
<br />
<br />(L) Direct or circumstantial evidence of the ratio of sales
<br /> of the object(s) to the total sales of the business enter-
<br /> prise;
<br /> The existence and scope of legitimate uses for the object
<br /> in the community;
<br /> Expert testimony concerning its use~
<br />
<br /> is hereby amended to read as follows:
<br />
<br /> 513.01 (cc) (2) DEFINITIONS.
<br />
<br /> In determining whether an object is "Drug paraphernalia,"
<br /> a Court o/ other authority should coasider, in addition to all
<br /> other logically relevant factors, the following:
<br />
<br /> (A) Statements by an owner or by anyone in control of the
<br /> object concerning its use;
<br /> (B) Prior convictions, if any, of an owner, or of anyone
<br /> in control of the object, under any City, State, or
<br /> Federal law relating to any controlled substance;
<br /> (C) The proximity of the object, in time and space, to a
<br /> direct violation of this Chapter;
<br /> (D) The proximity of the object to controlled substances;
<br /> (E) The existence of any residue of controlled substances on
<br /> the object;
<br /> (F) Direct or circumstantial evidence of the intent of an owner,
<br /> or of anyone in control of the object to deliver it to per-
<br /> sons whom he knows, or should reasonably know, intend to use
<br /> the object to facilitate a vlolation of this Chapter; the
<br /> innocence of an owner or of anyone in control of the object,
<br /> as to a direct violation of this Chapter shall not prevent
<br /> a finding that the object is intended for use, or designed
<br /> for use as "Drug paraphernalia;"
<br /> (G) Instructions, oral or written, provided with the object
<br /> concerning its use;
<br /> (H) Descriptive materials accompanying the object which explain
<br /> or depict its use;
<br /> (I) National and local advertising concerning its use;
<br /> (J) The manner in which the object is displayed for sale;
<br /> (K) Direct or circumstantial evidence of the ratio of sales
<br /> of the object(s) to the total sales of the business enter-
<br /> prise;
<br /> (L) The existence and scope of legitimate uses for the object
<br /> in the community;
<br /> (M) Expert testimony concerning its use.
<br />
<br /> Section 2. That Section 5]3.04 of the General Offenses Code of
<br />the Codified Ordinances Oow reading as follows:
<br />
<br />513.O4 POSSESSION, MANUFACTURE, AND SALE OF DRUG PARAPHERNALIA.
<br />
<br />(a) it is unlawful for any person to use, or to possess with
<br />intent to use, drug paraphernalia to plant, propagate, cultivate,
<br />grow, harvest, manufacture, compound, convert, produce, process,
<br />prepare, test, analyze, pack, repack, store, contain, conceal,
<br />inject, ingest, inhale, or otherwise introduce into the human
<br />body a controlled substance in violation of this Chapter.
<br />
<br />(b) It is unlawful for any person to deliver, sell, possess with
<br />intent to deliver or sell, or manufacture with intent to deliver
<br />
<br />
<br />
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