3210                                 LAWS OF MARYLAND                               Ch. 874

(XII)  BONGS;

(XIII)  ICE PIPES OR CHILLERS.

(B) 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:

(1)  STATEMENTS BY AN OWNER OR BY ANYONE IN
CONTROL OF THE OBJECT CONCERNING ITS USE;

(2)  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 DANGEROUS SUBSTANCE;

(3)  THE PROXIMITY OF THE OBJECT, IN TIME AND
SPACE, TO A DIRECT VIOLATION OF THIS ACT OR TO A CONTROLLED
DANGEROUS SUBSTANCE;

(4)  THE EXISTENCE OF ANY RESIDUE OF CONTROLLED
DANGEROUS SUBSTANCES ON THE OBJECT;

(5)  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 KNOWS, OR SHOULD REASONABLY
KNOW, INTEND TO USE THE OBJECT TO FACILITATE A VIOLATION OF
THIS ACT; THE INNOCENCE OF AN OWNER, OR OF ANYONE IN CONTROL
OF THE OBJECT, AS TO A DIRECT VIOLATION OF THIS ACT SHALL
NOT PREVENT A FINDING 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 OR DEPICT ITS USE;

(8)  NATIONAL AND LOCAL ADVERTISING CONCERNING
ITS USE;

(9)  THE MANNER IN WHICH THE OBJECT IS DISPLAYED
FOR SALE;

(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)  DIRECT OR CIRCUMSTANTIAL EVIDENCE OF THE
RATIO OF SALES OF THE OBJECT OR OBJECTS TO THE TOTAL SALES
OF THE BUSINESS ENTERPRISE;

(12)  THE EXISTENCE AND SCOPE OF LEGITIMATE USES
FOR THE OBJECT IN THE COMMUNITY;

(13)  EXPERT TESTIMONY CONCERNING ITS USE.