A.
No person acting individually or participating with one or more persons shall consume or attempt to consume cannabis or possess, display, dispense or distribute cannabis out of its original container:
(1)
While in a public place, private place of which he is not an owner, tenant or lawful occupant, or in any public conveyance, without permission of any owner, tenant, lawful occupant or any person having the authority to grant such permission.
(2)
While in or on any property owned by the Borough of Paulsboro in the County of Gloucester without the permission of the Borough of Paulsboro.
(3)
While in a private motor vehicle that is not being operated, in any public place, other than a public highway, or the right-of-way of a public highway, or upon any private place of which he is not an owner, tenant or lawful occupant without the express permission of the property owner, tenant, lawful occupant or other person having the authority to grant such permission.
B.
In determining whether or not any of the unlawful acts set forth in Subsection A of this section have been committed, the trier of fact, in addition to or as part of the proofs, may consider the following factors:
(1)
Statement made by an owner or by anyone in control of the cannabis.
(2)
The proximity of the defendant to the cannabis and his opportunity or ability to consume.
(3)
Whether the defendant or any person(s) in close proximity to him exhibits an odor of cannabis coming from his and/or their person or exhibits physical conduct, attributes or demeanor associated with the consumption of cannabis.
(4)
Direct or circumstantial evidence of the intent of an owner or anyone in control of the cannabis to deliver, distribute or make available such cannabis to the defendant or any other person or persons in close proximity to the defendant.