(2) It is unlawful for a person to sell or deliver, to possess with intent to sell or deliver or to manufacture with intent to sell or deliver marijuana paraphernalia to a person who is under 21 years of age, knowing that the marijuana paraphernalia will be used for the purpose for which it was marketed or designed.
(3) Violation of this section is a Class B violation.
(4) Subject to the provisions of ORS chapter 131A, and notwithstanding the violation classification specified in subsection (3) of this section, the Oregon Liquor Control Commission may purchase, possess, seize or dispose of marijuana paraphernalia as is necessary for the commission to ensure compliance with and enforce this section and any rule adopted under this section.
(5) In determining whether an object is marijuana paraphernalia under this section or drug paraphernalia under ORS 475.525, a trier of fact in an administrative or judicial proceeding must consider, in addition to any other relevant factor, the following:
(a) Any oral or written instruction provided with the object related to the object’s use;
(b) Any descriptive material packaged with the object that explains or depicts the object’s use;
(c) Any national or local advertising related to the object’s use;
(d) Any proffered expert testimony related to the object’s use;
(e) The manner in which the object is displayed for sale, if applicable; and
(f) Any other proffered evidence substantiating the object’s intended use. [2017 c.21 §14]
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