§ 4475. Definitions

(a)(1) The term "drug paraphernalia" means all equipment, products, devices, and materials of any kind that are used, or promoted for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a regulated drug in violation of chapter 84 of this title. "Drug paraphernalia" does not include needles and syringes distributed or possessed as part of an organized community-based needle exchange program.

(2) "Organized community-based needle exchange program" means a program approved by the Commissioner of Health under section 4478 of this title, the purpose of which is to provide access to clean needles and syringes, and which is operated by an AIDS service organization, a substance abuse treatment provider, or a licensed health care provider or facility. Such programs shall be operated in a manner that is consistent with the provisions of 10 V.S.A. chapter 159 (waste management; hazardous waste), and any other applicable laws.

(b) In determining whether an object is drug paraphernalia, a court or other 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;

(2) the proximity of the object to regulated drugs;

(3) the existence of any residue of regulated drugs on the object;

(4) direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to sell to persons intending to use the object in violation of this chapter;

(5) instructions, oral or written, provided with the object concerning its use;

(6) descriptive materials accompanying the object which explain or depict its use;

(7) national and local advertising concerning its use;

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

(9) 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;

(10) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

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

(12) expert testimony concerning its use. (Added 1983, No. 186 (Adj. Sess.); amended 1999, No. 28, § 2.)