Boonville Possession of drug paraphernalia ordinance (§ 14-112.5)

(a) Except as pertaining to marijuana, it shall be unlawful for any person to possess drug paraphernalia as defined under section 14-4.

(b) For purposes of this section, in determining whether an object is "drug paraphernalia" a court or other law enforcement authority may consider, in addition to all other logically relevant factors, the following:

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

(2) Prior convictions, if any, of an owner or of anyone in control of the object under any state of federal law relating to any controlled substance or imitation controlled substance; (3) The proximity of the object to controlled substances or imitation controlled substances; (4) The existence of any residue of controlled substances or imitation controlled substances on the object;

(5) Direct or circumstantial evidence of the intent of the owner, or of anyone in control of the object, to deliver it to persons whom he knows intend to use the object to facilitate a violation under this article; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this article shall not prevent a finding or determination that the object is intended for use, or designed for use as drug paraphernalia;

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

(7) Descriptive materials accompanying the object which explain its use;

(8) National and local advertising concerning its use;

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

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

(11) Expert testimony concerning its use.