In determining whether any object or material listed in subdivision (20) of section 21a-240 shall be deemed “drug paraphernalia”, a court or other authority shall, in addition to all other logically relevant factors, consider 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 any controlled substances;
(3) The existence of any residue of controlled substances on the object;
(4) 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 section, subdivision (20) of section 21a-240, and sections 21a-263, 21a-267 and 21a-271;
(5) Instructions, oral or written, provided with the object concerning its use with a controlled substance;
(6) Descriptive materials accompanying the object which explain or depict its use with a controlled substance;
(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) 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.
(P.A. 80-224, S. 2; P.A. 84-233.)
History: Sec. 19-474a transferred to Sec. 21a-270 in 1983; P.A. 84-233 replaced “Direct evidence” with “Evidence” in Subdivs. (4) and (10).
See Sec. 21a-267 re prohibited acts with respect to drug paraphernalia.
Structure Connecticut General Statutes
Title 21a - Consumer Protection
Chapter 420b - Dependency-Producing Drugs
Section 21a-240. (Formerly Sec. 19-443). - Definitions.
Section 21a-241. (Formerly Sec. 19-449). - Prior regulations continued.
Section 21a-242. (Formerly Sec. 19-450a). - Schedules of controlled substances. Exceptions.
Section 21a-243. (Formerly Sec. 19-451). - Regulations. Schedules of controlled substances.
Section 21a-247. (Formerly Sec. 19-454). - Qualifications of applicant for license.
Section 21a-249. (Formerly Sec. 19-457). - Prescription requirements.
Section 21a-250. (Formerly Sec. 19-458). - Rights and duties of pharmacist.
Section 21a-253. - Possession of marijuana pursuant to a prescription.
Section 21a-254a. - Appointment of prescription drug monitoring working group. Membership.
Section 21a-258. (Formerly Sec. 19-465). - Exceptions concerning possession and control.
Section 21a-264. (Formerly Sec. 19-470). - Notice to licensing boards of violations by licensees.
Section 21a-266. (Formerly Sec. 19-472). - Prohibited acts.
Section 21a-272. (Formerly Sec. 19-475). - Preparations which may be sold and dispensed. Exceptions.
Section 21a-273. (Formerly Sec. 19-476). - Substances exempt under federal law.
Section 21a-274. (Formerly Sec. 19-477). - Cooperation in enforcement of law.
Section 21a-275. (Formerly Sec. 19-478). - Revocation or suspension of licenses by commissioner.
Section 21a-276. (Formerly Sec. 19-479). - Discretion of commissioner to issue warning.
Section 21a-279d. - Cannabis given by one consumer to another.
Section 21a-280. (Formerly Sec. 19-481a). - Breathing of anesthesia not violation.
Section 21a-282. (Formerly Sec. 19-482). - No prosecution where federal action has been taken.
Section 21a-283a. - Court authorized to depart from imposing mandatory minimum sentence.
Section 21a-307. (Formerly Sec. 19-504i). - Definitions re dispensing of drugs.