South Dakota § 22-42A-2 - Factors considered in determining whether an object is drug paraphernalia.

§ 22-42A-2. Factors considered in determining whether an object is drug paraphernalia.

In determining whether an object is drug paraphernalia as defined in § 22-42A-1, a court or other authority shall consider, in addition to all other logically relevant factors, the following:

(1)    Statements by an owner or by anyone in control of the object concerning its use;

(2)    The proximity of the object, in time and space, to a direct violation of this article;

(3)    The proximity of the object to controlled substances or marijuana;

(4)    The existence of any residue of controlled substances or marijuana on the object;

(5)    Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to any person whom he knows, or should reasonably know, intends to use the object to facilitate a violation of this article;

(6)    Instructions, oral or written, provided with the object concerning its use;

(7)    Descriptive materials accompanying the object which explain or depict its use;

(8)    National and local advertising concerning its use;

(9)    The manner in which the object is displayed for sale;

(10)    Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community;

(11)    Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

(12)    The existence and scope of legitimate uses for the object in the community; and

(13)    Expert testimony concerning its use.

Source: SL 1983, ch 180, § 2; SL 1984, ch 172, § 2.