As used in this article, the following terms shall have the
meanings indicated:
All equipment, products and materials of any kind, other
than methamphetamine manufacturing materials as defined in Section
10 of the Methamphetamine Control and Community Protection Act (720
ILCS 646/1 et seq.), which are used, intended to be used unlawfully
in planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the
human body cannabis or a controlled substance in violation of the
Cannabis Control Act (720 ILCS 550/1 et seq.), the Illinois Controlled
Substances Act (720 ILCS 570/100 et seq.), or the Methamphetamine
Control and Community Protection Act (720 ILCS 646/1 et seq.) or a
synthetic drug product or misbranded drug in violation of the Illinois
Food, Drug and Cosmetic Act (410 ILCS 620/1 et seq.). It includes,
but is not limited to:[1]
Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is cannabis or a controlled substance or from which cannabis
or a controlled substance can be derived;
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing cannabis
or controlled substances;
Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is cannabis
or a controlled substance;
Testing equipment used, intended for use, or designed for use
in identifying or in analyzing the strength, effectiveness or purity
of cannabis or controlled substances;
Scales and balances used, intended for use, or designed for
use in weighing or measuring cannabis or controlled substances;
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use, or designed
for use in cutting cannabis or controlled substances;
Separation gins and sifters used, intended for use, or designed
for use in removing twigs and seeds from, or in otherwise cleaning
or refining marijuana;
Blenders, bowls, containers, spoons and mixing devices used,
intended for use, or designed for use in compounding cannabis or controlled
substances;
Capsules, balloons, envelopes and other containers used, intended
for use, or designed for use in packaging small quantities of cannabis
or controlled substances;
Containers and other objects used, intended for use, or designed
for use in sorting or concealing cannabis or controlled substances;
Hypodermic syringes, needles and other objects used, intended
for use, or designed for use in parenterally injecting cannabis or
controlled substances into the human body;
Objects used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing marijuana, cocaine, hashish, or
hashish oil into the human body such as:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes,
with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
Roach clips; meaning objects used to hold burning materials,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand;
Miniature cocaine spoons and cocaine vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers.
In determining whether an object is drug paraphernalia, a court
or other authority should consider, in addition to all other logically
relevant facts, the following:
A.
Statements by an owner or by anyone in control of the object concerning
its use;
C.
The proximity of the object, in time and space, to a direct violation
of this article;
F.
Direct or circumstantial evidence of the intent of an owner, or of
anyone in control of the object, to deliver it to a person whom he
knows, or should reasonably know, intends to use the object to facilitate
a violation of this article; the innocence of an owner, or of anyone
in control of the object, as to a direct violation of this article
shall not prevent a finding that the object is intended for use or
designed for use as drug paraphernalia;
G.
Instructions, oral or written, provided with the object concerning
its use;
H.
Descriptive materials accompanying the object which explain or depict
its use;
I.
National and local advertising concerning its use;
J.
The manner in which the object is displayed for sale;
K.
Whether the owner, or anyone in control of the object, is a legitimate
supplier of like or related items to the community, such as a licensed
distributor or dealer of tobacco products;
L.
Direct or circumstantial evidence of the relation of sales of the
object(s) to the total sales of the business enterprise;
M.
The existence and scope of legitimate uses for the object in the
community;
N.
Expert testimony concerning its use.
A.
It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to 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 cannabis or a controlled substance in violation of this article. Any person who violates this subsection is guilty of a crime and upon conviction may be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code.
B.
It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to 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 cannabis or a controlled substance in violation of this article. Any person who violates this subsection is guilty of a crime and upon conviction may be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code.
C.
Any person 18 years of age or over who violates Subsection B of this section by delivering drug paraphernalia to a person under 18 years of age who is at least three years his junior is guilty of a special offense and upon conviction may be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code.
D.
It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a crime and upon conviction may be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code.
