In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors:

Terms Used In North Dakota Code 19-03.4-02

  • Circumstantial evidence: All evidence except eyewitness testimony.
  • 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.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37

1.    Statements by an owner or by anyone in control of the object concerning its use.

2.    Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance.

3.    The proximity of the object, in time and space, to a direct violation of chapter 19-03.1.

4.    The proximity of the object to controlled substances.

5.    The existence of any residue of controlled substances on the object.

6.    Direct or circumstantial evidence of the intent of an owner, or of any person in control of the object, to deliver the object to another person whom the owner or person in control of the object knows, or should reasonably know, intends to use the object to facilitate a violation of chapter 19-03.1. The innocence of an owner, or of any person in control of the object, as to a direct violation of chapter 19-03.1 may not prevent a finding that the object is intended or designed for use as drug paraphernalia.

7.    Instructions, oral or written, provided with the object concerning the object’s use.

8.    Descriptive materials accompanying the object which explain or depict the object’s use.

9.    National and local advertising concerning the object’s use.

10.    The manner in which the object is displayed for sale.

11.    Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, for example, a licensed distributor or dealer of tobacco products.

12.    Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.

13.    The existence and scope of legitimate uses for the object in the community.

14.    Expert testimony concerning the object’s use.

15.    The actual or constructive possession by the owner or by a person in control of the object or the presence in a vehicle or structure where the object is located of written instructions, directions, or recipes to be used, or intended or designed to be used, in manufacturing, producing, processing, preparing, testing, or analyzing a controlled substance.

16.    Whether the object is a needle or syringe collected during the operation of a needle exchange program under chapter 23-01 to aid in the prevention of bloodborne diseases.