Definitions — Vermont Code § 4475

§ 4475. Definitions

• (a) As used in this chapter: (1) The term “drug paraphernalia” means all equipment, products, devices, and materials
  of any kind that are used, or promoted for use or designed for use, in planting, propagating,
  cultivating, growing, harvesting, manufacturing, compounding, converting, producing,
  processing, preparing, testing, analyzing, packaging, repackaging, storing, containing,
  concealing, injecting, ingesting, inhaling, or otherwise introducing into the human
  body a regulated drug in violation of chapter 84 of this title. “Drug paraphernalia”
  does not include needles, syringes, or other harm reduction supplies distributed or
  possessed as part of an organized community-based needle exchange program. (2) “Organized community-based needle exchange program” means a program approved by the
  Commissioner of Health under section 4478 of this title, the purpose of which is to provide access to clean needles and syringes. Such programs
  shall be operated in a manner that is consistent with the provisions of 10 V.S.A. chapter 159 (waste management; hazardous waste), and any other applicable laws. (b) In determining whether an object is drug paraphernalia, a court or other authority
  may 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 to regulated drugs; (3) the existence of any residue of regulated drugs on the object; (4) direct or circumstantial evidence of the intent of an owner, or of anyone in control
  of the object, to sell to persons intending to use the object in violation of this
  chapter; (5) instructions, oral or written, provided with the object concerning its use; (6) descriptive materials accompanying the object which explain or depict its use; (7) national and local advertising concerning its use; (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 to the total
  sales of the business enterprise; (11) the existence and scope of legitimate uses for the object in the community; (12) expert testimony concerning its use. (Added 1983, No. 186 (Adj. Sess.); amended 1999, No. 28, § 2; 2023, No. 22, § 5, eff. May 25, 2023; 2023, No. 178 (Adj. Sess.), § 5, eff. June 17, 2024.)