§ 223.220. Standards for determining violation.

In determining probable cause for a violation of this article, law enforcement personnel shall consider, in addition to all other logically relevant factors, the following:

(1)

Statements by an owner or by anyone in control of the object concerning its use;

(2)

Prior criminal convictions, if any, of any owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;

(3)

The proximity of the object, in time and space, to a direct violation of this article;

(4)

The proximity of the object to any controlled substance;

(5)

The existence of any residue of a controlled substance on the object;

(6)

Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to any person who he or she knows, or should reasonably know, intends to use the object to facilitate a violation of this article. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this article shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;

(7)

Instructions, oral or written, provided with the object concerning its use;

(8)

Descriptive materials accompanying the object which explain or depict its use;

(9)

National and local advertising concerning its use;

(10)

The manner in which the object is displayed for sale;

(11)

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;

(12)

Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;

(13)

The existence and scope of any legitimate use for the object in the community; and

(14)

Expert opinion concerning its use. (82-Or-196, § 2, 10-8-82)