520
Opinion of the Court
focus on the actual use of the item in the community. Congress did not include among the listed factors a defendant's statements about his intent or other factors directly establishing subjective intent. This omission is significant in light of the fact that the parallel list contained in the Drug Enforcement Administration's Model Drug Paraphernalia Act, on which § 857 was based,8 includes among the relevant factors "[s]tatements by an owner . . . concerning [the object's] use" and "[d]irect or circumstantial evidence of the intent of an owner . . . to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this Act." 9
An objective construction of the definitional provision also finds support in § 857(f), which establishes an exemption for items "traditionally intended for use with tobacco products." 10 An item's "traditional" use is not based on the sub-"(2) descriptive materials accompanying the item which explain or depict its use;
"(3) national and local advertising concerning its use; "(4) the manner in which the item is displayed for sale; "(5) whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
"(6) direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise;
"(7) the existence and scope of legitimate uses of the item in the community; and
"(8) expert testimony concerning its use."
8 See Schneiderman, 968 F. 2d, at 1566.
9 See Brief for United States 6a-7a. The Model Act lists 14 factors to be considered in addition to all other logically relevant factors in determining whether an object is drug paraphernalia. Several of the factors are similar or identical to those listed in § 857(e).
10 Section 857(f) provides: "This section shall not apply to—
"(1) any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items; or
"(2) any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means,
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