(1) it's unlawful for anyone to sell or deliver, possess with intent to sell or deliver or manufacture with intent to sell or deliver drug paraphernalia, knowing that it will be used to unlawfully plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance

(4) the provisions of this statute don't apply to anyone registered under the provisions of 475.125 (registration requirements) or to anyone specified as exempt from registration under the provisions of that statute

(5)(a) The provisions of this statute don't apply to anyone who sells or delivers marijuana paraphernalia to someone 21 or older.

(b) in determining whether an object is drug paraphernalia or marijuana paraphernalia, a trier of fact will consider, in addition to any other relevant factor, the following:

(A) any oral or written instruction provided with the object related to its use

(B) any descriptive material packaged with the object that explains or depicts its 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

see 475.565 (Civil penalty for violation of ORS 475.525) & 475.535 (Action to enforce ORS 475.525 to 475.565)