Connecticut General Statutes 21a-270 – Drug paraphernalia: Factors to be considered by court or other authority in determination
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:
Terms Used In Connecticut General Statutes 21a-270
- Controlled substance: means a drug, substance, or immediate precursor in schedules I to V, inclusive, of the Connecticut controlled substance scheduling regulations adopted pursuant to section 21a-243. See Connecticut General Statutes 21a-240
- Distributor: means a person who distributes and includes a wholesaler who is a person supplying or distributing controlled drugs which the person personally has not produced or prepared to hospitals, clinics, practitioners, pharmacies, other wholesalers, manufacturers and federal, state and municipal agencies. See Connecticut General Statutes 21a-240
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Sale: is a ny form of delivery which includes barter, exchange or gift, or offer therefor, and each such transaction made by any person whether as principal, proprietor, agent, servant or employee. See Connecticut General Statutes 21a-240
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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.