City of El Paso, IL Drug Paraphernalia

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[HISTORY: Adopted by the City Council of the City of El Paso 2-1-2021 by Ord. No. 1037[1]. Amendments noted where applicable.]

[1]

Editor's Note: This ordinance also repealed former Ch. 166, Drug Paraphernalia, Art. I, Cannabis, adopted 1-15-2018 by Ord. No. 1007, originally adopted as Ch. 111.

§ 166-1 Definitions.

§ 166-2 Prohibited acts; violations and penalties.

§ 166-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

DRUG PARAPHERNALIA

As used in this chapter, all equipment, products and materials of any kind, including cannabis paraphernalia as defined in the CRTA (410 ILCS 70511-10), which are peculiar to and marketed for use 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 a controlled substance in violation of the Illinois Controlled Substance Act. It includes, but is not limited to:

Kits peculiar to and marketed for use in manufacturing, compounding, converting, producing, processing or preparing a controlled substance;

Isomerization devices peculiar to and marketed for use in increasing the potency of any species of plant which is a controlled substance;

Testing equipment peculiar to and marketed for private home use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;

Diluents and adulterants peculiar to and marketed for cutting a controlled substance by private persons;

Objects peculiar to and marketed for use in ingesting, inhaling, or otherwise introducing, cocaine, 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 item whose purpose, as announced or described by the seller, is for use in violation of the Drug Paraphernalia Control Act (720 ILCS 600/1 et seq).

§ 166-2 Prohibited acts; violations and penalties.

Prohibited acts.

(1)

It is unlawful for any person to knowingly possess 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 such use.

(2)

It is unlawful for any person or entity to keep for sale, offer for sale, sell, or deliver for any commercial consideration drug paraphernalia.

(3)

Any person who violates this chapter shall be fined not less than $100 nor more than $750 for the first offense, not less than $250 nor for more than $750 for a second offense, and not less than $500 nor more than $750 for a third or subsequent offense.

In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

(1)

Statements by an owner or anyone in control of the object concerning its use;

(2)

Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to cannabis;

(3)

The proximity of the object, in time and space, to a direct violation of this chapter;

(4)

The proximity of the object to cannabis;

(5)

The existence of any residue of cannabis on the object;

(6)

Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows intend to use the object to facilitate a violation of this chapter. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;

(7)

Instructions, oral or written, provided with the object concerning its use;

(8)

Descriptive materials accompanying the object which explain or depict its use;

(9)

National and local advertising concerning its use;

(10)

The manner in which the object is displayed for sale;

(11)

Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

(12)

The existence and scope of legitimate uses for the object in the community; and

(13)

Expert testimony concerning its use.

Exceptions: Section 166-2 shall not apply to:

(1)

Those items set forth in Section 4 of the Drug Paraphernalia Control Act (720 ILCS 600/4);

(2)

Possession of hypodermic syringes or needles as authorized under the Illinois Hypodermic Syringes and Needles Act (720 ILCS 635/0.01 et seq.); or

(3)

A person or entity who is authorized to possess, keep for sale, offer for sale, sell, or deliver for any commercial consideration cannabis paraphernalia, and a person in possession of any item of cannabis paraphernalia, used or reasonably intended for use in the lawful consumption of cannabis pursuant to the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.) or the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.).

This provision is intended to be used solely for the suppression of the possession of items that are clearly and by a preponderance of evidence marketed for the illegal and unlawful use marketed or possessed for the illegal and unlawful use of cannabis or controlled substances. To this end all reasonable and common-sense inferences shall be drawn in favor of the legitimacy of any transaction or item.