§ 21-28.5-1 "Drug paraphernalia" defined.– (a) As used in this chapter, "drug paraphernalia" means all equipment,products, and materials of any kind which are intended for use or designed foruse in planting, propagating, cultivating, growing, harvesting, manufacturing,compounding, converting, producing, processing, preparing, testing, analyzing,packing, repackaging, storing, containing, concealing, ingesting, inhaling, orintroducing into the human body a controlled substance in violation of chapter28 of this title. "Drug paraphernalia" includes, but is not limited to, all ofthe following:
(1) Kits intended for use or designed for use in planting,propagating, cultivating, growing, or harvesting of any species of plant whichis a controlled substance or from which a controlled substance can be derived;
(2) Kits intended for use or designed for use inmanufacturing, compounding, converting, producing, processing, or preparingcontrolled substances;
(3) Isomerization devices intended for use or designed foruse in increasing the potency of any species of plant that is a controlledsubstance;
(4) Testing equipment intended for use or designed for use inidentifying or in analyzing the strength, effectiveness, or purity ofcontrolled substances;
(5) Scales and balances intended for use or designed for usein weighing or measuring controlled substances;
(6) Dilutants and adulterants, such as quinine hydrochloride,mannitol, mannite, dextrose, and lactose, intended for use or designed for usein cutting controlled substances;
(7) Separation gins and sifters intended for use or designedfor use in removing twigs and seeds from, or in cleaning or refining, marijuana;
(8) Blenders, bowls, containers, spoons, and mixing devicesintended for use or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes, and other containersintended for use or designed for use in packaging small quantities ofcontrolled substances;
(10) Containers and other objects intended for use ordesigned for use in storing or concealing controlled substances; and
(11) Objects intended for use or designed for use iningesting, inhaling, or introducing marijuana, cocaine, hashish, or hashish oilinto the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramicpipes with or without screens, permanent screens, hashish heads, or puncturedmetal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) Roach clips, meaning objects used to hold burningmaterial, such as a marijuana cigarette that has become too small or too shortto be held in the hand;
(vi) Miniature cocaine spoons, and cocaine vials;
(vii) Chamber pipes;
(viii) Carburetor pipes;
(xi) Electric pipes;
(x) Air-driven pipes;
(xi) Chillums;
(xii) Bongs;
(xiii) Ice pipes or chillers; and
(xiv) Wide rolling papers which are designed for drug use.
(b) In determining whether an object is drug paraphernalia, acourt or other authority may consider, in addition to all other logicallyrelevant factors, the following:
(1) Statements by an owner or by anyone in control of theobject concerning its use;
(2) Prior conviction, if any, of an owner, or of anyone incontrol of the object, under any state or federal law relating to anycontrolled substance;
(3) Direct or circumstantial evidence of the intent of anowner, or of anyone in control of the object, to deliver it to persons who theowner or person in control of the object knows, or should reasonably know,intend to use the object to facilitate a violation of this chapter. Theinnocence of an owner, or of anyone in control of the object, as to a directviolation of this chapter shall not prevent a finding that the object isintended for use, or designed for use, as drug paraphernalia;
(4) Instructions, oral or written, provided with the objectconcerning its use;
(5) Descriptive materials accompanying the object thatexplain or depict its use;
(6) National and local advertising concerning its use;
(7) The manner in which the object is displayed for sale;
(8) Whether the owner, or anyone in control of the object, isa legitimate supplier of like or related items to the community, such as alicensed distributor or dealer of tobacco products;
(9) The existence and scope of legitimate uses for the objectin the community; and
§ 21-28.5-1 "Drug paraphernalia" defined.– (a) As used in this chapter, "drug paraphernalia" means all equipment,products, and materials of any kind which are intended for use or designed foruse in planting, propagating, cultivating, growing, harvesting, manufacturing,compounding, converting, producing, processing, preparing, testing, analyzing,packing, repackaging, storing, containing, concealing, ingesting, inhaling, orintroducing into the human body a controlled substance in violation of chapter28 of this title. "Drug paraphernalia" includes, but is not limited to, all ofthe following:
(1) Kits intended for use or designed for use in planting,propagating, cultivating, growing, or harvesting of any species of plant whichis a controlled substance or from which a controlled substance can be derived;
(2) Kits intended for use or designed for use inmanufacturing, compounding, converting, producing, processing, or preparingcontrolled substances;
(3) Isomerization devices intended for use or designed foruse in increasing the potency of any species of plant that is a controlledsubstance;
(4) Testing equipment intended for use or designed for use inidentifying or in analyzing the strength, effectiveness, or purity ofcontrolled substances;
(5) Scales and balances intended for use or designed for usein weighing or measuring controlled substances;
(6) Dilutants and adulterants, such as quinine hydrochloride,mannitol, mannite, dextrose, and lactose, intended for use or designed for usein cutting controlled substances;
(7) Separation gins and sifters intended for use or designedfor use in removing twigs and seeds from, or in cleaning or refining, marijuana;
(8) Blenders, bowls, containers, spoons, and mixing devicesintended for use or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes, and other containersintended for use or designed for use in packaging small quantities ofcontrolled substances;
(10) Containers and other objects intended for use ordesigned for use in storing or concealing controlled substances; and
(11) Objects intended for use or designed for use iningesting, inhaling, or introducing marijuana, cocaine, hashish, or hashish oilinto the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramicpipes with or without screens, permanent screens, hashish heads, or puncturedmetal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) Roach clips, meaning objects used to hold burningmaterial, such as a marijuana cigarette that has become too small or too shortto be held in the hand;
(vi) Miniature cocaine spoons, and cocaine vials;
(vii) Chamber pipes;
(viii) Carburetor pipes;
(xi) Electric pipes;
(x) Air-driven pipes;
(xi) Chillums;
(xii) Bongs;
(xiii) Ice pipes or chillers; and
(xiv) Wide rolling papers which are designed for drug use.
(b) In determining whether an object is drug paraphernalia, acourt or other authority may consider, in addition to all other logicallyrelevant factors, the following:
(1) Statements by an owner or by anyone in control of theobject concerning its use;
(2) Prior conviction, if any, of an owner, or of anyone incontrol of the object, under any state or federal law relating to anycontrolled substance;
(3) Direct or circumstantial evidence of the intent of anowner, or of anyone in control of the object, to deliver it to persons who theowner or person in control of the object knows, or should reasonably know,intend to use the object to facilitate a violation of this chapter. Theinnocence of an owner, or of anyone in control of the object, as to a directviolation of this chapter shall not prevent a finding that the object isintended for use, or designed for use, as drug paraphernalia;
(4) Instructions, oral or written, provided with the objectconcerning its use;
(5) Descriptive materials accompanying the object thatexplain or depict its use;
(6) National and local advertising concerning its use;
(7) The manner in which the object is displayed for sale;
(8) Whether the owner, or anyone in control of the object, isa legitimate supplier of like or related items to the community, such as alicensed distributor or dealer of tobacco products;
(9) The existence and scope of legitimate uses for the objectin the community; and
§ 21-28.5-1 "Drug paraphernalia" defined.– (a) As used in this chapter, "drug paraphernalia" means all equipment,products, and materials of any kind which are intended for use or designed foruse in planting, propagating, cultivating, growing, harvesting, manufacturing,compounding, converting, producing, processing, preparing, testing, analyzing,packing, repackaging, storing, containing, concealing, ingesting, inhaling, orintroducing into the human body a controlled substance in violation of chapter28 of this title. "Drug paraphernalia" includes, but is not limited to, all ofthe following:
(1) Kits intended for use or designed for use in planting,propagating, cultivating, growing, or harvesting of any species of plant whichis a controlled substance or from which a controlled substance can be derived;
(2) Kits intended for use or designed for use inmanufacturing, compounding, converting, producing, processing, or preparingcontrolled substances;
(3) Isomerization devices intended for use or designed foruse in increasing the potency of any species of plant that is a controlledsubstance;
(4) Testing equipment intended for use or designed for use inidentifying or in analyzing the strength, effectiveness, or purity ofcontrolled substances;
(5) Scales and balances intended for use or designed for usein weighing or measuring controlled substances;
(6) Dilutants and adulterants, such as quinine hydrochloride,mannitol, mannite, dextrose, and lactose, intended for use or designed for usein cutting controlled substances;
(7) Separation gins and sifters intended for use or designedfor use in removing twigs and seeds from, or in cleaning or refining, marijuana;
(8) Blenders, bowls, containers, spoons, and mixing devicesintended for use or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes, and other containersintended for use or designed for use in packaging small quantities ofcontrolled substances;
(10) Containers and other objects intended for use ordesigned for use in storing or concealing controlled substances; and
(11) Objects intended for use or designed for use iningesting, inhaling, or introducing marijuana, cocaine, hashish, or hashish oilinto the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramicpipes with or without screens, permanent screens, hashish heads, or puncturedmetal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) Roach clips, meaning objects used to hold burningmaterial, such as a marijuana cigarette that has become too small or too shortto be held in the hand;
(vi) Miniature cocaine spoons, and cocaine vials;
(vii) Chamber pipes;
(viii) Carburetor pipes;
(xi) Electric pipes;
(x) Air-driven pipes;
(xi) Chillums;
(xii) Bongs;
(xiii) Ice pipes or chillers; and
(xiv) Wide rolling papers which are designed for drug use.
(b) In determining whether an object is drug paraphernalia, acourt or other authority may consider, in addition to all other logicallyrelevant factors, the following:
(1) Statements by an owner or by anyone in control of theobject concerning its use;
(2) Prior conviction, if any, of an owner, or of anyone incontrol of the object, under any state or federal law relating to anycontrolled substance;
(3) Direct or circumstantial evidence of the intent of anowner, or of anyone in control of the object, to deliver it to persons who theowner or person in control of the object knows, or should reasonably know,intend to use the object to facilitate a violation of this chapter. Theinnocence of an owner, or of anyone in control of the object, as to a directviolation of this chapter shall not prevent a finding that the object isintended for use, or designed for use, as drug paraphernalia;
(4) Instructions, oral or written, provided with the objectconcerning its use;
(5) Descriptive materials accompanying the object thatexplain or depict its use;
(6) National and local advertising concerning its use;
(7) The manner in which the object is displayed for sale;
(8) Whether the owner, or anyone in control of the object, isa legitimate supplier of like or related items to the community, such as alicensed distributor or dealer of tobacco products;
(9) The existence and scope of legitimate uses for the objectin the community; and
