§ 86-88. Determination of articles falling within the definition of section 86-86.

In determining whether an object is drug paraphernalia, the court shall consider, in addition to all other logically relevant factors, the following:

(1)

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

(2)

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

(3)

The proximity of the object, in time and space, to a direct violation of the Mississippi Uniform Controlled Substances Law, MCA 1972, § 41-29-101 et seq.

(4)

The proximity of the object to controlled substances.

(5)

The existence of any residue of controlled substances 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 persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of the Mississippi Uniform Controlled Substances Law, MCA 1972, § 41-29-101 et seq.

(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 objects to the total sales of the business enterprise.

(13)

The existence and scope of legitimate uses for the object in the community.

(14)

Expert testimony concerning its use.

(Code 1971, § 18-37)