Okla. Stat. tit. 63, § 63-2-101.1

In determining whether an object is “drug paraphernalia”, a

court or jury 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 the Uniform Controlled Dangerous Substances Act;

3. The proximity of the object to controlled dangerous

substances;

4. The existence of any residue of controlled dangerous

substances 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

who intends to use the object to facilitate a violation of the

Uniform Controlled Dangerous Substances Act. The innocence of an

owner, or of anyone in control of the object, as to a direct

Oklahoma Statutes - Title 63. Public Health and Safety Page 888

violation of this act shall not prevent a finding that the object is

intended for use, or fashioned specifically for use, as drug

paraphernalia;

6. Instructions, oral or written, provided with the object

which either state directly or imply that the object is to be used

for the consumption of controlled dangerous substances;

7. Descriptive materials accompanying the object which explain

or depict its use as an object for the consumption of controlled

dangerous substances;

8. The manner in which the object is displayed for sale;

9. Whether the owner, or anyone in control of the object, is a

legitimate supplier of like or related items to the community, such

as a licensed distributor or dealer of tobacco products;

10. Direct or circumstantial evidence of the ratio of sales of

the object or objects to the total sales of the business enterprise;

11. The existence and scope of legitimate uses for the object

in the community; and

12. Expert testimony concerning its use.

Provided, nothing in this section shall apply to objects in the

possession of harm-reduction services providers as authorized by

Section 3 of this act.