In determining whether an object is drug paraphernalia, the trier of fact, in addition to all other logically relevant factors, should consider:

1. (1) statements by an owner or by anyone in control of the object concerning the object's use;
2. (2) prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to a controlled substance;
3. (3) the proximity of the object, in time and space, to a direct violation of this part;
4. (4) the proximity of the object to a controlled substance;
5. (5) the existence of any residue of a controlled substance on the object;
6. (6) instructions, whether oral or written, provided with the object concerning the object's use;
7. (7) descriptive materials accompanying the object that explain or depict the object's use;
8. (8) national and local advertising concerning the object's use;
9. (9) the manner in which the object is displayed for sale;
10. (10) 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;
11. (11) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
12. (12) the existence and scope of legitimate uses of the object in the community;
13. (13) whether the object is subject to Section 76-18-304, 76-18-305, or 76-18-306; and
14. (14) expert testimony concerning the object's use.

Renumbered and Amended by Chapter 362, 2026 General Session