State Codes and Statutes

Statutes > Tennessee > Title-39 > Chapter-17 > Part-4 > 39-17-424

39-17-424. Determination whether object is drug paraphernalia.

In determining whether a particular object is drug paraphernalia as defined by § 39-17-402, the court or other authority making that determination shall, in addition to all other logically relevant factors, consider the following:

     (1)  Statements by the owner or anyone in control of the object concerning its use;

     (2)  Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to controlled substances;

     (3)  The existence of any residue of controlled substances on the object;

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

     (5)  Descriptive materials accompanying the object that explain or depict its use;

     (6)  The manner in which the object is displayed for sale;

     (7)  The existence and scope of legitimate uses for the object in the community; and

     (8)  Expert testimony concerning its use.

[Acts 1989, ch. 591, § 1.]  

State Codes and Statutes

Statutes > Tennessee > Title-39 > Chapter-17 > Part-4 > 39-17-424

39-17-424. Determination whether object is drug paraphernalia.

In determining whether a particular object is drug paraphernalia as defined by § 39-17-402, the court or other authority making that determination shall, in addition to all other logically relevant factors, consider the following:

     (1)  Statements by the owner or anyone in control of the object concerning its use;

     (2)  Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to controlled substances;

     (3)  The existence of any residue of controlled substances on the object;

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

     (5)  Descriptive materials accompanying the object that explain or depict its use;

     (6)  The manner in which the object is displayed for sale;

     (7)  The existence and scope of legitimate uses for the object in the community; and

     (8)  Expert testimony concerning its use.

[Acts 1989, ch. 591, § 1.]  


State Codes and Statutes

State Codes and Statutes

Statutes > Tennessee > Title-39 > Chapter-17 > Part-4 > 39-17-424

39-17-424. Determination whether object is drug paraphernalia.

In determining whether a particular object is drug paraphernalia as defined by § 39-17-402, the court or other authority making that determination shall, in addition to all other logically relevant factors, consider the following:

     (1)  Statements by the owner or anyone in control of the object concerning its use;

     (2)  Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to controlled substances;

     (3)  The existence of any residue of controlled substances on the object;

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

     (5)  Descriptive materials accompanying the object that explain or depict its use;

     (6)  The manner in which the object is displayed for sale;

     (7)  The existence and scope of legitimate uses for the object in the community; and

     (8)  Expert testimony concerning its use.

[Acts 1989, ch. 591, § 1.]