HARRY HUGHES, Governor

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(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.

(c)  It is unlawful for any person to use, or to
possess with intent to use, drug paraphernalia to plant,
propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack,
repack, store, contain or conceal a controlled dangerous
substance in violation of this subheading. Any person who
violates this subsection is guilty of a misdemeanor and
upon conviction for a first offense may be fined not more
than $500. A person who is convicted of a subsequent
violation of this [section] SUBSECTION may be imprisoned for
not more than 2 years or fined not more than $2,000 or both.
Any person convicted of violating this [section] SUBSECTION
who previously has been convicted of violating subsection
(d)(2) shall be subject to the same penalties specified for
subsequent violations of this [section] SUBSECTION.

(d) (1) It is unlawful for any person to deliver or
sell, possess with intent to deliver or sell, or manufacture
with intent to deliver or sell drug paraphernalia, knowing,
or under circumstances where one reasonably should know,
that it will be used to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce, process,
prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale, or otherwise introduce
into the human body a controlled dangerous substance in
violation of this [act] SUBHEADING. Any person who violates
this subsection is guilty of a misdemeanor and upon
conviction for a first offense may be fined not more than
$500. A person who is convicted of a subsequent violation
of this [section] SUBSECTION may be imprisoned for not more
than 2 years or fined not more than $2,000 or both. Any
person convicted of violating this [section] SUBSECTION who
previously has been convicted of violating [subsection
(d)(2)] PARAGRAPH (2) OF THIS SUBSECTION shall be subject to