(2) it's unlawful for anyone to sell or deliver, to possess with intent to sell or deliver or to manufacture with intent to sell or deliver marijuana paraphernalia to someone under 21, knowing that the marijuana paraphernalia will be used for the purpose for which it was marketed or designed

(4) subject to the provisions of ORS chapter 131A, & regardless of a violation 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 & any rule adopted under this section

(5) in determining whether an object is marijuana paraphernalia under this section or drug paraphernalia under 475.525 (sale of drug paraphernalia prohibited), 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 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