Section 481.183 - Evidentiary Rules Relating to Drug Paraphernalia(a) In considering whether an item is drug paraphernalia under this chapter, a court or other authority shall consider, in addition to all other logically relevant factors, and subject to rules of evidence:(1) statements by an owner or person in control of the object concerning its use;(2) the existence of any residue of a controlled substance on the object;(3) direct or circumstantial evidence of the intent of an owner or other person in control of the object to deliver it to a person whom the person knows or should reasonably know intends to use the object to facilitate a violation of this chapter;(4) oral or written instructions provided with the object concerning its use;(5) descriptive material accompanying the object that explains or depicts its use;(6) the manner in which the object is displayed for sale;(7) whether the owner or person in control of the object is a supplier of similar or related items to the community, such as a licensed distributor or dealer of tobacco products;(8) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;(9) the existence and scope of uses for the object in the community;(10) the physical design characteristics of the item; and(11) expert testimony concerning the item's use.(b) The innocence of an owner or other person in charge of an object as to a direct violation of this chapter does not prevent a finding that the object is intended or designed for use as drug paraphernalia.Tex. Health and Safety Code § 481.183
Amended by Acts 2003, 78th Leg., ch. 1099, Sec. 13, eff. 9/1/2003. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989.