A. Short Title: This section shall be known and may be cited as the PARAPHERNALIA ORDINANCE. (1976 Code § 130.060)
B. Definitions: For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning:
COCAINE SPOON: A spoon with a bowl so small that the primary use for which it is reasonably adapted or designed is to hold or administer cocaine, and which is so small as to be unsuited for the typical, lawful uses of a spoon. A cocaine spoon may or may not be merchandised on a chain and may or may not be labeled as a cocaine spoon or coke spoon.
CONTROLLED SUBSTANCE:
Any drug, substance or immediate precursor enumerated in the controlled substances act, but not cannabis lawfully possessed, used, or otherwise regulated under the “Illinois cannabis regulation and tax act.”
DRUG PARAPHERNALIA: All equipment, products and materials of any kind which are commonly used, may be used, intended for use or designed 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 as defined in the controlled substances act.
1. Drug paraphernalia includes, but is not limited to:
a. Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
b. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substance;
c. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
d. Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
e. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;
f. Diluents and adulterants, such as quinine, hydrochloride, manitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances;
g. [Reserved].
h. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;
i. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;
j. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;
k. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing opiates, cocaine, or other controlled substances into the human body, such as, but not limited to metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, or punctured metal bowls.
2. 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:
a. Statements by an owner or by anyone in control of the object concerning its use;
b. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
c. The proximity of the object, in time and space, to a direct violation of this subsection;
d. The proximity of the object to controlled substances;
e. The existence of any residue of controlled substances on the object;
f. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who, he knows or should reasonably know, intend to use the object to facilitate a violation of this subsection. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this subsection 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 ratio of sales of the object to the total sales of the business enterprise;
m. The existence and scope of legitimate uses for the object in the community; and
n. Expert testimony concerning its use.
(1976 Code § 130.061)
C. Prohibitions:
1. It shall be unlawful for any person to possess, sell, offer for sale, display, furnish, supply or give away any cocaine spoon or any drug paraphernalia.
2. The prohibition contained in this section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists or embalmers in the normal lawful course of their respective businesses or professions, nor to common carriers or warehousers or their employees engaged in the lawful transportation of such paraphernalia, nor to public officers or employees while engaged in the performance of their official duties, nor to persons suffering from diabetes, asthma, or any other medical condition requiring self-injection.
(1976 Code § 130.062; amd. Ord. 16-08-21, 8-1-2016; Ord. 19-12-42, 12-9-2019)
Notes
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