Consideration of factors.

§ 4772. Consideration of factors. In determining whether an object is drug paraphernalia, a court or other authority shall consider all of the following: (1) Statements concerning the object’s use by the object’s owner or a person controlling the object. (2) The proximity of the object to a direct violation of this chapter. (3) The proximity of the object to a controlled substance. (4) The existence of a controlled substance’s residue on the object. (5) Direct or circumstantial evidence of the intent of an object’s owner or a person controlling the object to deliver the object to another person to facilitate a violation of this chapter. The innocence of the object’s owner or a person controlling the object may not prevent a finding that the object is drug paraphernalia. (6) Instructions concerning the object’s use provided with the object. (7) Descriptive materials explaining or depicting the object’s use accompanying the object. (8) Advertising concerning the object’s use. (9) How the object is displayed for sale. (10) Whether the owner or a person controlling the object is a legitimate supplier of related objects. (11) Evidence of the ratio of sales of the object to the total sales of the business. (12) The existence and scope of legitimate uses for the object. (13) Expert testimony concerning the object’s use.62 Del. Laws, c. 250, § 6; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 359, § 2; 85 Del. Laws, c. 536, § 4;