21-36a11.Factors to consider when determining whatis drug paraphernalia.(a) In determining whether an object is drug paraphernalia,a court or otherauthority shall consider, in addition to all other logically relevant factors,the following:
(1) Statements by an owner or person in control of the object concerning itsuse;
(2) prior convictions, if any, of an owner or person in control of theobject, under anystate or federal law relating to any controlled substance;
(3) the proximity of the object, in time and space, to a direct violation ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto;
(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 person incontrol of theobject, to deliver it to a person the owner or person in control of the objectknows, or shouldreasonably know, intends to use the object to facilitate a violation ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendmentsthereto. The innocence of an owner or person in control of the object asto a direct violation of K.S.A. 2009 Supp. 21-36a01 through 21-36a17, andamendments thereto, shallnot prevent a finding that the object is intended for use as drugparaphernalia;
(7) oral or written instructions provided with the object concerning its use;
(8) descriptive materials accompanying the object which explain or depict itsuse;
(9) national and local advertising concerning the object's use;
(10) the manner in which the object is displayed for sale;
(11) whether the owner or person in control of the object is a legitimatesupplier ofsimilar or related items to the community, such as a distributor or dealer oftobacco products;
(12) direct or circumstantial evidence of the ratio of sales of the object orobjects to thetotal sales of the business enterprise;
(13) the existence and scope of legitimate uses for the object in thecommunity;
(14) expert testimony concerning the object's use;
(15) any evidence that alleged paraphernalia can or has been used to store acontrolledsubstance or to introduce a controlled substance into the human body as opposedto anylegitimate use for the alleged paraphernalia; or
(16) advertising of the item in magazines or other means which specificallyglorify,encourage or espouse the illegal use, manufacture, distribution or cultivationofcontrolled substances.
(b) The fact that an item has not yet been used or did not contain acontrolled substance atthe time of the seizure is not a defense to a charge that the item waspossessed with the intention for use as drug paraphernalia.
21-36a11.Factors to consider when determining whatis drug paraphernalia.(a) In determining whether an object is drug paraphernalia,a court or otherauthority shall consider, in addition to all other logically relevant factors,the following:
(1) Statements by an owner or person in control of the object concerning itsuse;
(2) prior convictions, if any, of an owner or person in control of theobject, under anystate or federal law relating to any controlled substance;
(3) the proximity of the object, in time and space, to a direct violation ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto;
(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 person incontrol of theobject, to deliver it to a person the owner or person in control of the objectknows, or shouldreasonably know, intends to use the object to facilitate a violation ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendmentsthereto. The innocence of an owner or person in control of the object asto a direct violation of K.S.A. 2009 Supp. 21-36a01 through 21-36a17, andamendments thereto, shallnot prevent a finding that the object is intended for use as drugparaphernalia;
(7) oral or written instructions provided with the object concerning its use;
(8) descriptive materials accompanying the object which explain or depict itsuse;
(9) national and local advertising concerning the object's use;
(10) the manner in which the object is displayed for sale;
(11) whether the owner or person in control of the object is a legitimatesupplier ofsimilar or related items to the community, such as a distributor or dealer oftobacco products;
(12) direct or circumstantial evidence of the ratio of sales of the object orobjects to thetotal sales of the business enterprise;
(13) the existence and scope of legitimate uses for the object in thecommunity;
(14) expert testimony concerning the object's use;
(15) any evidence that alleged paraphernalia can or has been used to store acontrolledsubstance or to introduce a controlled substance into the human body as opposedto anylegitimate use for the alleged paraphernalia; or
(16) advertising of the item in magazines or other means which specificallyglorify,encourage or espouse the illegal use, manufacture, distribution or cultivationofcontrolled substances.
(b) The fact that an item has not yet been used or did not contain acontrolled substance atthe time of the seizure is not a defense to a charge that the item waspossessed with the intention for use as drug paraphernalia.
21-36a11.Factors to consider when determining whatis drug paraphernalia.(a) In determining whether an object is drug paraphernalia,a court or otherauthority shall consider, in addition to all other logically relevant factors,the following:
(1) Statements by an owner or person in control of the object concerning itsuse;
(2) prior convictions, if any, of an owner or person in control of theobject, under anystate or federal law relating to any controlled substance;
(3) the proximity of the object, in time and space, to a direct violation ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto;
(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 person incontrol of theobject, to deliver it to a person the owner or person in control of the objectknows, or shouldreasonably know, intends to use the object to facilitate a violation ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendmentsthereto. The innocence of an owner or person in control of the object asto a direct violation of K.S.A. 2009 Supp. 21-36a01 through 21-36a17, andamendments thereto, shallnot prevent a finding that the object is intended for use as drugparaphernalia;
(7) oral or written instructions provided with the object concerning its use;
(8) descriptive materials accompanying the object which explain or depict itsuse;
(9) national and local advertising concerning the object's use;
(10) the manner in which the object is displayed for sale;
(11) whether the owner or person in control of the object is a legitimatesupplier ofsimilar or related items to the community, such as a distributor or dealer oftobacco products;
(12) direct or circumstantial evidence of the ratio of sales of the object orobjects to thetotal sales of the business enterprise;
(13) the existence and scope of legitimate uses for the object in thecommunity;
(14) expert testimony concerning the object's use;
(15) any evidence that alleged paraphernalia can or has been used to store acontrolledsubstance or to introduce a controlled substance into the human body as opposedto anylegitimate use for the alleged paraphernalia; or
(16) advertising of the item in magazines or other means which specificallyglorify,encourage or espouse the illegal use, manufacture, distribution or cultivationofcontrolled substances.
(b) The fact that an item has not yet been used or did not contain acontrolled substance atthe time of the seizure is not a defense to a charge that the item waspossessed with the intention for use as drug paraphernalia.
