A. No person shall offer for sale, sell or deliver for any commercial consideration any item of cannabis paraphernalia to a person under twenty-one (21) years of age unless the person the cannabis paraphernalia is being sold to or delivered to is legally authorized to possess cannabis paraphernalia, other than paraphernalia used for smoking or vaping medical cannabis used in connection with medical use of cannabis as allowed under the compassionate use of medical cannabis program act 1 or by the community college cannabis vocation pilot program 2 .
B. It is unlawful for any person under the age of twenty-one (21) to use or to possess or offer for sale an item of cannabis paraphernalia with the intent to use it, or offer for sale for the use by others, in ingesting, inhaling, or otherwise introducing cannabis into the human body, or in preparing cannabis flower, cannabis concentrate or any cannabis-infused product for that use to inhale or introduce cannabis flower, cannabis concentrate or cannabis-infused product into the human body. This subsection shall not apply to possession of cannabis paraphernalia by a person under twenty-one (21) years of age who is legally authorized to possess cannabis paraphernalia other than paraphernalia used for smoking or vaping medical cannabis used in connection with the medical use of cannabis as allowed under the compassionate use of medical cannabis pilot program act 3 or by the community college cannabis vocational pilot program 4 .
C. In determining intent under subsection B of this section, the trier of fact may take into consideration the proximity of the cannabis to cannabis paraphernalia.
D. Cannabis paraphernalia seized, taken or detained from persons under twenty-one (21) pursuant to probable cause and in conformance with all applicable laws, shall be forfeited upon a finding by the circuit court or the local adjudication hearing officer, upon trial, hearing or plea of guilty, that this Section has been violated. (Ord. 2019-106, 12-17-2019)
Notes
| 1 | 410 ILCS 130/1 et seq. |
| 2 | 410 ILCS 705/Art. 25 |
| 3 | 410 ILCS 130/1 et seq. |
| 4 | 410 ILCS 705/Art. 25 |