{"data":{"id":"us-ky/krs-218a.510","jurisdiction":"us-ky","citation":"KRS 218A.510","heading":"Factors to be considered in determining whether object is drug","body":"paraphernalia.\nIn determining whether an object is drug paraphernalia, a court or other authority should\nconsider, in addition to all other logically relevant factors, the following:\n(1) Statements by an owner or by anyone in control of the object concerning its use;\n(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under\nany state or federal law relating to any controlled substance;\n(3) The proximity of  the object, in time and space, to a direct violation of KRS\n218A.500(2), (3) or (4);\n(4) The proximity of the object to controlled substances;\n(5) The existence of any residue of controlled substances on the object;\n(6) Direct or circumstantial evidenc e of the intent of an owner, or of anyone in control\nof the object, to deliver it to persons whom he knows, or should reasonably know,\nintend to use the object to facilitate a violation of KRS 218A.500(2), (3) or (4); the\ninnocence of an owner, or of anyone in control of the object, as to a direct violation\nof KRS 218A.500(2), (3) or (4) shall not prevent a finding that the object is\nintended for use, or designed for use as drug paraphernalia;\n(7) Instructions, oral or written, provided with the object concerning its use;\n(8) Descriptive materials accompanying the object which explain or depict its use;\n(9) National and local advertising concerning its use;\n(10) The manner in which the object is displayed for sale;\n(11) Whether the owner, or anyone in c ontrol of the object, is a legitimate supplier of\nlike or related items to the community, such as a licensed distributor or dealer of\ntobacco products;\n(12) Direct or circumstantial evidence of the ratio of sales of the object to the total sales\nof the business enterprise;\n(13) The existence and scope of legitimate uses for the object in the community;\n(14) Expert testimony concerning its use.","path":["KRS Chapter 218A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=9713","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:31Z","sha256":"722253e0637572a7aa4315918eeabe35c9af07a8947458a2fe7d83d52bc2cbc0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218a.500","next":"us-ky/krs-218a.511"},"notice":"GroundRules: Original legal text. Not legal advice."}