(3)
(4)
(5)
(6)
The proximity of the object, in time and space, to a direct violation of this chapter;
The proximity of the object to marijuana or drugs;
The existence of any residue of marijuana or drugs on the object;
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of
the object, to deliver it to persons whom he knows, or should reasonably know, intend
to use the object to facilitate a violation of this chapter; the innocence of an owner, or
of anyone in control of the object, as to a direct violation of this chapter shall 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 its use;
(8) Descriptive materials accompanying the object which explain or depict its use;
(9) National and local advertising concerning its 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, such as a licensed distributor or dealer of tobacco
products;
(12) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales
of the business enterprise;
(13) The existence and scope of legitimate uses for the object in the community; and
(14) Expert testimony concerning its use.
(c) Any person who shall plant, grow, cultivate, keep, have possession of or use marijuana,
including marijuana used for medical purposes, or any drugs as defined above, or have
possession of paraphernalia as defined above, shall be guilty of an offense and upon the first
conviction shall be sentenced to confinement for a period of not more than 90 days, and to pay
a fine of not more than $3,000, provided, however, that for the first offense there shall be a
minimum sentence to confinement of 5 days and a minimum fine of $500.
(1) For the second offense the minimum sentence shall be 15 days confinement and a
$2,000 fine.
(2) For a third offense, and for any subsequent offense, the minimum sentence shall be 30
days confinement and a $3,000 fine.
(d) Any person who shall keep for sale or sell, barter or give marijuana, including marijuana for
medical purposes, or any such drug as defined above to any person, shall be guilty of an offense
and upon conviction thereof shall be sentenced to confinement for a period of not more than 1
year and to pay a fine of not more than $5,000; provided, however, that for the first offense
there shall be a minimum sentence to confinement of 30 days and a minimum fine of $3,000.
(1) For the second offense the minimum sentence shall be 60 days confinement and a
$4,000 fine.
(2) For a third offense, and for any subsequent offense, the minimum sentence shall be 90
days confinement and a $5,000 fine.
(e) The minimum sentences specified above are mandatory.
(1) Each sentence shall include both the confinement and the fine and neither may be
suspended or reduced.
(2) Work release programs shall be available only for first offenders.
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Revised Spokane Law & Order Code, 5/14/2013