Village of Westville, IL Possession of Drug Paraphernalia

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them:

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 646/20), which are intended to be used 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.) or 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 produce 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:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance.

Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is cannabis or a controlled substance.

Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances.

Diluents and adulterants intended to be used unlawfully for cutting cannabis or a controlled substance by private persons.

Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, hashish oil, or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act into the human body, including, where applicable, the following items:

(1)

Water pipes.

(2)

Carburetion tubes and devices.

(3)

Smoking and carburetion masks.

(4)

Miniature cocaine spoons and cocaine vials.

Carburetor pipes.

Electric pipes.

Air-driven pipes.

Chillums.

Bongs.

Ice pipes or chillers.

Any items whose purpose, as announced or described by the seller, is for use in violation of this article.

A person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use, is guilty of a Village ordinance violation. This subsection does not apply to a person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act (720 ILCS 635/1 et seq.).

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

In determining intent under Subsection A of this section, the trier of fact may take into consideration the proximity of the cannabis or controlled substances to drug paraphernalia or the presence of cannabis or a controlled substance on the drug paraphernalia.