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PARRIS N. GLENDENING, Governor
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Ch. 26
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10. AN AIR-DRIVEN PIPE;
11. A CHILLUM;
12. A BONG; AND
13. AN ICE PIPE OR CHILLER
(B) FACTORS TO DETERMINE DRUG PARAPHERNALIA.
TO DETERMINE WHETHER AN OBJECT IS DRUG PARAPHERNALIA, A COURT
SHALL CONSIDER, AMONG OTHER LOGICALLY RELEVANT FACTORS:
(1) ANY STATEMENT BY AN OWNER OR A PERSON IN CONTROL OF THE
OBJECT CONCERNING ITS USE;
(2) ANY PRIOR CONVICTION OF AN OWNER OR A PERSON IN CONTROL OF
THE OBJECT UNDER A STATE OR FEDERAL LAW RELATING TO A CONTROLLED
DANGEROUS SUBSTANCE;
(3) THE PROXIMITY OF THE OBJECT, IN TIME AND SPACE, TO A DIRECT
VIOLATION OF THIS SECTION OR TO A CONTROLLED DANGEROUS SUBSTANCE;
(4) A RESIDUE OF A CONTROLLED DANGEROUS SUBSTANCE ON THE
OBJECT;
(5) DIRECT OR CIRCUMSTANTIAL EVIDENCE OF THE INTENT OF AN
OWNER OR A PERSON IN CONTROL OF THE OBJECT TO DELIVER IT TO ANOTHER WHO,
THE OWNER OR THE PERSON KNOWS OR SHOULD REASONABLY KNOW, INTENDS TO
USE THE OBJECT TO FACILITATE A VIOLATION OF THIS SECTION;
(6) ANY INSTRUCTIONS, ORAL OR WRITTEN, PROVIDED WITH THE
OBJECT CONCERNING ITS USE;
(7) ANY DESCRIPTIVE MATERIALS ACCOMPANYING THE OBJECT THAT
EXPLAIN OR DEPICT ITS USE;
(8) NATIONAL AND LOCAL ADVERTISING CONCERNING USE OF THE
OBJECT;
(9) THE MANNER IN WHICH THE OBJECT IS DISPLAYED FOR SALE;
(10) WHETHER THE OWNER OR A PERSON IN CONTROL OF THE OBJECT IS
A LICENSED DISTRIBUTOR OR DEALER OF TOBACCO PRODUCTS OR OTHER
LEGITIMATE SUPPLIER OF RELATED ITEMS TO THE COMMUNITY;
(11) DIRECT OR CIRCUMSTANTIAL EVIDENCE OF THE RATIO OF SALES OF
THE OBJECT TO THE TOTAL SALES OF THE BUSINESS ENTERPRISE;
(12) THE EXISTENCE AND SCOPE OF LEGITIMATE USES FOR THE OBJECT
IN THE COMMUNITY; AND
(13) EXPERT TESTIMONY CONCERNING USE OF THE OBJECT.
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- 445 -
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