For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning:
CANNABIS: Marijuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination or as otherwise defined in 720 Illinois Compiled Statutes 550/1, as amended.
CASUAL DELIVERY: The delivery of not more than ten grams (10 g) of any substance containing cannabis without consideration.
CONTROLLED SUBSTANCE: A drug, substance, immediate precursor, analog substance, or synthetic drug as defined in the "Illinois Controlled Substances Act" 720 Illinois Compiled Statutes 570/100 et seq., as amended.
PARAPHERNALIA: All equipment, products and materials of any kind which are used, intended 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 a controlled substance or cannabis as defined in 720 Illinois Compiled Statutes 550/1 et seq., as amended, 720 Illinois Compiled Statutes 570/100 et seq., as amended, 720 Illinois Compiled Statutes 570/204 through 570/219 et seq., as amended, into the human body.
A. Paraphernalia includes, but is not limited to:
1. Kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or cannabis or from which a controlled substance or cannabis can be derived;
2. Kits used or intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing cannabis;
3. Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is cannabis or a controlled substance;
4. Testing equipment used or intended to be used, unlawfully in a private home for identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances;
5. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances or cannabis;
6. 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;
7. Diluents and adulterants intended to be used unlawfully for cutting cannabis or a controlled substance by private persons;
8. Capsules, balloons, envelopes and other containers used, or intended for use, in packaging small quantities of cannabis or controlled substances;
9. Containers and other objects used, or intended for use in storing or concealing cannabis or controlled substances;
10. Hypodermic syringes, needles and other objects used, or intended for use, in parenterally injecting cannabis or controlled substances into the human body;
11. Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cannabis, hashish, hashish oil or a synthetic drug product into the human body including, where applicable, the following items:
a. Water pipes;
b. Carburetion tubes and devices;
c. Smoking and carburetion masks;
d. Carburetor pipes;
e. Electric pipes;
f. Air-driven pipes;
g. Chillums;
h. Bongs;
i. Ice pipes or chillers;
12. Any item where the purpose of its use, as announced or described by the seller, is for use in violation of this section 5-2-6.
B. 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 by 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 any controlled substance.
3. The proximity of the object, in time and space, to a direct violation of this section.
4. The proximity of the object to controlled substances.
5. The existence of any residue of controlled substances 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 knows, or should reasonably know, intend to use the object to facilitate a violation of this section 5-2-6. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this section 5-2-6 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. 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.
12. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.
13. The existence and scope of legitimate uses for the object in the community.
14. Expert testimony concerning its use. (Ord. 17-19, 3-6-2017)