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Current as of January 02, 2024 | Updated by Findlaw Staff
In determining whether a particular object is drug paraphernalia as defined by § 39-17-402, the court or other authority making that determination shall, in addition to all other logically relevant factors, consider the following:
(1) Statements by the owner or anyone in control of the object concerning its use;
(2) Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to controlled substances or controlled substance analogues;
(3) The existence of any residue of controlled substances or controlled substance analogues on the object;
(4) Instructions, oral or written, provided with the object concerning its use;
(5) Descriptive materials accompanying the object that explain or depict its use;
(6) The manner in which the object is displayed for sale;
(7) The existence and scope of legitimate uses for the object in the community; and
(8) Expert testimony concerning its use.
Cite this article: FindLaw.com - Tennessee Code Title 39. Criminal Offenses § 39-17-424 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-424/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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