§ 21a-270 — (Formerly Sec. 19-474a). Drug paraphernalia: Factors to be considered by court or other authority in determination.

In determining whether any object or material listed in subdivision (20) of section 21a-240 shall be deemed “drug paraphernalia”, a court or other authority shall, in addition to all other logically relevant factors, consider the following: (1) Statements by an owner or by anyone in control of the object concerning its use; (2) The proximity of the object to any controlled substances; (3) The existence of any residue of controlled substances on the object; (4) Evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this section, subdivision (20) of section 21a-240 , and sections 21a-263 , 21a-267 and 21a-271 ; (5) Instructions, oral or written, provided with the object concerning its use with a controlled substance; (6) Descriptive materials accompanying the object which explain or depict its use with a controlled substance; (7) National and local advertising concerning its use; (8) The manner in which the object is displayed for sale; (9) 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; (10) Evidence of the ratio of sales of the object to the total sales of the business enterprise; (11) The existence and scope of legitimate uses for the object in the community; (12) Expert testimony concerning its use. See Sec. 21a-267 re prohibited acts with respect to drug paraphernalia.

Legislative History

(P.A. 80-224, S. 2; P.A. 84-233.) History: Sec. 19-474a transferred to Sec. 21a-270 in 1983; P.A. 84-233 replaced “Direct evidence” with “Evidence” in Subdivs. (4) and (10).