961.572 Determination.
(1) In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other legally relevant factors, the following:
(a) Statements by an owner or by anyone in control of the object concerning its use.
(b) The proximity of the object, in time and space, to a direct violation of this chapter.
(c) The proximity of the object to controlled substances or controlled substance analogs.
(d) The existence of any residue of controlled substances or controlled substance analogs on the object.
(e) 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 or she knows intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is designed for use or primarily intended for use as drug paraphernalia.
(f) Instructions, oral or written, provided with the object concerning its use.
(g) Descriptive materials accompanying the object that explain or depict its use.
(h) Local advertising concerning its use.
(i) The manner in which the object is displayed for sale.
(j) 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.
(k) The existence and scope of legitimate uses for the object in the community.
(L) Expert testimony concerning its use.
(2) In determining under this subchapter whether an item is designed for a particular use, a court or other authority shall consider the objective physical characteristics and design features of the item.
(3) In determining under this subchapter whether an item is primarily intended for a particular use, a court or other authority shall consider the subjective intent of the defendant.
History: 1989 a. 121; 1991 a. 140; 1995 a. 448 s. 311; Stats. 1995 s. 961.572.
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