Considerations in determining whether an object is drug paraphernalia

In determining whether an object is drug paraphernalia, the trier of fact, in addition to all other logically relevant factors, should consider: (1) statements by an owner or by anyone in control of the object concerning the object's use; (2) 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; (3) the proximity of the object, in time and space, to a direct violation of this part; (4) the proximity of the object to a controlled substance; (5) the existence of any residue of a controlled substance on the object; (6) instructions, whether oral or written, provided with the object concerning the object's use; (7) descriptive materials accompanying the object that explain or depict the object's use; (8) national and local advertising concerning the object's 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 licensed distributor or dealer of tobacco products; (11) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; (12) the existence and scope of legitimate uses of the object in the community; (13) whether the object is subject to Section 76-18-304, 76-18-305, or 76-18-306; and (14) expert testimony concerning the object's use.