{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-2-101.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-2-101.1","heading":"Drug paraphernalia - Factors used in determining","body":"In determining whether an object is “drug paraphernalia”, a\n\ncourt or jury shall consider, in addition to all other logically\n\nrelevant factors, the following:\n\n1. Statements by an owner or by anyone in control of the object\n\nconcerning its use;\n\n2. The proximity of the object, in time and space, to a direct\n\nviolation of the Uniform Controlled Dangerous Substances Act;\n\n3. The proximity of the object to controlled dangerous\n\nsubstances;\n\n4. The existence of any residue of controlled dangerous\n\nsubstances on the object;\n\n5. Direct or circumstantial evidence of the intent of an owner,\n\nor of anyone in control of the object, to deliver it to any person\n\nwho intends to use the object to facilitate a violation of the\n\nUniform Controlled Dangerous Substances Act. The innocence of an\n\nowner, or of anyone in control of the object, as to a direct\n\nviolation of this act shall not prevent a finding that the object is\n\nintended for use, or fashioned specifically for use, as drug\n\nparaphernalia;\n\n6. Instructions, oral or written, provided with the object\n\nwhich either state directly or imply that the object is to be used\n\nfor the consumption of controlled dangerous substances;\n\n7. Descriptive materials accompanying the object which explain\n\nor depict its use as an object for the consumption of controlled\n\ndangerous substances;\n\n8. The manner in which the object is displayed for sale;\n\n9. Whether the owner, or anyone in control of the object, is a\n\nlegitimate supplier of like or related items to the community, such\n\nas a licensed distributor or dealer of tobacco products;\n\n10. Direct or circumstantial evidence of the ratio of sales of\n\nthe object or objects to the total sales of the business enterprise;\n\n11. The existence and scope of legitimate uses for the object\n\nin the community; and\n\n12. Expert testimony concerning its use.\n\nProvided, nothing in this section shall apply to objects in the\n\npossession of harm-reduction services providers as authorized by\n\nSection 3 of this act.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d0762803eacb95aded842776adb20f6fc0d6dd19064114325263efcdd5838a68","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-2-101","next":"us-ok/okla.-stat.-tit.-63-63-2-101.2"},"notice":"GroundRules: Original legal text. Not legal advice."}