Ordinance No. 19552 - Laserfiche WebLink

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or dispensing of a controlled substance in the course of pro- fess~onal practice; or fib} By a practitioner, or by an authorized agent under the practitioner's supervision, for the purpose af, or as an incident to, research, teaching or chemical analysis and not far sale. Person. Any individual, corporation, partnership, joint ven- ture, association or other business entity. To sell. To sell, to exchange, to contract to sell, to rent or lend for value, to Offer far sale or exchange, or to give away free as a prize or bonus incident to a business promotion. Section 2. The following caption and Sections 3.300, 3.302, 3.304, 3.306, 3.308, 3.310, 3.312, and 3.314 are added t0 the Eugene Code, 1971, to read and provide: Drug Paraphernalia 3.300 Dru Para hernalia - Determination of A licabilit . The following factors shall be considered in determining whether or not an object is drug paraphernalia in addition to all other logically relevant factors: ~a} Statements by an owner or by anyone in control of the ob- ject concerning its use; fib} 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; ~c}, The.praximity of the object, in time and space, t0 a direct vialat~on of ORS 415.992, 475.9931}fie} or 415.995; ~d} The proximity of the object to controlled substances; fie} The existence of any residue of controlled substances on the object; ~f} Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the Object, to deliver the object to persons who the Owner knows, yr shvuld reasonably know, intend to use the object to facilitate a violation of sections 3.300 to 3.310 of this code; the innocence of an owner, or of anyone in con- trol of the object, as to a direct violation of ORS 415.992, 475.9931}fie} or 415.995 shvuld not prevent a finding that the ob- 3ect ~s intended for use, or designed for use as drug paraphernalia; fig} Instructions, oral or written, provided with the object concerning its use; ~h} Descriptive materials accompanying the abject which ex- pla~n or depict its use; ~i} National and local advertising concerning its use; ~j} The manner in which the object is displayed fvr sale; ~k} whether the owner, or anyone in control of the object, is a legitimate supplier of like ar related items to the community, such as a distributor or dealer of tobacco products; Ordinance - 3