Drug paraphernalia - Guidelines
N.D. Cent. Code § 19-03.4-02
in effect19-03.4-02. Drug paraphernalia - Guidelines
In determining whether an object is drug paraphernalia, a court or other authority shall
consider, in addition to all other logically relevant factors:
1. Statements by an owner or by anyone in control of the object concerning its use.
2. 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.
3. The proximity of the object, in time and space, to a direct violation of chapter 19-03.1.
4. The proximity of the object to controlled substances.
5. The existence of any residue of controlled substances on the object.
6. Direct or circumstantial evidence of the intent of an owner, or of any person in control
of the object, to deliver the object to another person whom the owner or person in
control of the object knows, or should reasonably know, intends to use the object to
facilitate a violation of chapter 19-03.1. The innocence of an owner, or of any person in
control of the object, as to a direct violation of chapter 19-03.1 may not prevent a
finding that the object is intended or designed for use as drug paraphernalia.
7. Instructions, oral or written, provided with the object concerning the object's use.
8. Descriptive materials accompanying the object which explain or depict the object's
use.
9. National and local advertising concerning the object's use.
10. The manner in which the object is displayed for sale.
11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or
related items to the community, for example, a licensed distributor or dealer of tobacco
products.
12. Direct or circumstantial evidence of the ratio of sales of the object or objects to the
total sales of the business enterprise.
13. The existence and scope of legitimate uses for the object in the community.
14. Expert testimony concerning the object's use.
15. The actual or constructive possession by the owner or by a person in control of the
object or the presence in a vehicle or structure where the object is located of written
instructions, directions, or recipes to be used, or intended or designed to be used, in
manufacturing, producing, processing, preparing, testing, or analyzing a controlled
substance.
16. Whether the object is a needle or syringe collected during the operation of a needle
exchange program under chapter 23-01 to aid in the prevention of bloodborne
diseases.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t19c03-4.pdf#nameddest=19-03p4-02Fetched: 10/16/2026