(1)
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Kits used, intended for use or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived;
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(2)
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Kits used, intended for use or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances;
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(3)
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Isomerization devices used, intended for use or designed for
use in increasing the potency of any species of plant which is a controlled
substance;
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(4)
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Testing equipment used, intended for use or designed for use
in identifying or in analyzing the strength, effectiveness or purity
of controlled substances;
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(5)
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Scales and balances used, intended for use or designed for use
in weighing or measuring controlled substances;
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(6)
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Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use or designed
for use in cutting controlled substances;
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(7)
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Separation gins and sifters used, intended for use or designed
for use in removing twigs and seeds from, or in otherwise cleaning
or refining, marijuana;
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(8)
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Blenders, bowls, containers, spoons and mixing devices used,
intended for use or designed for use in compounding controlled substances;
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(9)
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Capsules, balloons, envelopes and other containers used, intended
for use or designed for use in packaging small quantities of controlled
substances;
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(10)
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Containers and other objects used, intended for use or designed
for use in storing or concealing controlled substances;
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(11)
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Hypodermic syringes, needles, and other objects used, intended
for use, or designed for use in parenterally injecting controlled
substances into the human body;
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(12)
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Objects used, intended for use or designed for use in ingesting,
inhaling or otherwise introducing marijuana, cocaine, hashish or hashish
oil into the human body, such as:
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(i)
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Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes,
with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
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(ii)
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Water pipes;
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(iii)
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Carburetion tubes and devices;
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(iv)
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Smoking and carburetion masks;
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(v)
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Roach clips; meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand;
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(vi)
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Miniature cocaine spoons and cocaine vials;
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(vii)
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Chamber pipes;
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(viii)
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Carburetor pipes;
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(ix)
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Electric pipes;
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(x)
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Air-driven pipes:
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(xi)
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Chillums;
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(xii)
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Bongs; and
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(xiii)
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Ice pipes or chillers.
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In determining whether an object is drug paraphernalia, a court
or other authority should consider, in addition to all other logically
relevant factors, the following:
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(1)
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Statements by an owner or by anyone in control of the object
concerning its uses;
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(2)
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Prior convictions, if any, of an owner, or of anyone in control
of the object, under any state or federal law relating to any controlled
substance;
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(3)
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The proximity of the object, in time and space, to a direct
violation of the Controlled Substances Act;
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(4)
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The proximity of the object to controlled substances;
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(5)
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The existence of any residue of controlled substances on the
object;
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(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 or she knows, or should reasonably know, intend to use the object
to facilitate a violation of the Controlled Substances Act; the innocence
of an owner, or of anyone in control of the object, as to a direct
violation of the Controlled Substances Act shall not prevent a finding
that the object is intended for use, or designed for use, as drug
paraphernalia;
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(7)
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Instructions, oral or written, provided with the object concerning
its use;
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(8)
|
Descriptive materials accompanying the object which explain
or depict its use;
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(9)
|
National and local advertising concerning its use;
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(10)
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The manner in which the object is displayed for sale;
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(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;
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(12)
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Direct or circumstantial evidence of the ratio of sales of the
object(s) to the total sales of the business enterprise;
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(13)
|
The existence and scope of legitimate uses for the object in
the community;
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(14)
|
Expert testimony concerning its use.
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Except as otherwise provided in this Chapter, or unless the
context otherwise requires, in interpreting or applying the provisions
of this Chapter, words which are used in this Chapter and which are
defined in Chapter 1 of the Controlled Substances Act, shall have
the meaning as ascribed to them by Chapter 1 of the Controlled Substances
Act.
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