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(a) Any person who sells or'possesses with intent to sell drug'~a~phe~nalia,'knowing, or under circumstances-where-one reasonably should know, that it is either designed for use or intended by such person for use to illegally plant, pro- pagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conseal, inject, ingest, inhale, or otherwise intro- duce into the human body a controlled substance, shall be guilty of ~ Class 1 Misdemeanor. ~ (b) Any person eighteen (18) years of age or older who distributes ~rug parphernalia to a minor shall be guilty of a Class 1 Misdemeanor. (_c) The ter~ "drug parphernalia" means all equipment, products, and materials of any kind as defined in ~18.2-265.1 of the Code of Virgin!a, 1950, as amended. (d) In determining whether an the court may consider, in addition evidence the following: object is drug parphernalia, to all other relevant gl) Constitutionally admissible statements by the accused concerning the use of the object; (2) The proximity of the object to a controlled substance, which proximity is actually known to the accused; (~3) Instructions, oral or written, provided with the object concerning its use; (4) Discriptive materials accompanying the object which explain or depict its use; (5) National and local advertising within the actual knowledge of the accused concerning its use; (6) The manner in which the object is displayed for sale; (~7} Whether the accused is a ligitimate of like or related items to the community, such as distributor or dealer of tobacco products; supplier a licensed (8) Evidence of the ratio of sales of the objects defined in §18.2-265.1 of the State Code to the total sales of the business enterprise; (9) The existence and scope of ligitimate uses for the object in the community, expert testimony concerning its use or the purpose for which it was designed;