For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRUG PARAPHERNALIA. All equipment, products and materials of any kind which contain on such equipment, products and materials an indication or suggestion that such items be used or are intended for use, or which contain in the marketing thereof an indication or suggestion that such items be used or are intended 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, cannabis as defined in the Illinois Cannabis Control Act, Chapter 56 1/2, § 701, Illinois Revised Statutes (1979), or a controlled substance as defined in the Illinois Controlled Substance Act, Chapter 56 1/2, § 1100, Illinois Revised Statutes (1979). DRUG PARAPHERNALIA includes, but is not limited to:
(1) Kits used, or intended for use, in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance;
(2) Isomerization devices used, or intended for use, in increasing the potency of an species of plant which is cannabis or a controlled substance;
(3) Testing equipment used, or intended for use, in identifying or in analyzing the strength, effectiveness or purity of cannabis or a controlled substance;
(4) Scales and balances when the scales and balances have inscribed on them an indication or suggestion that they be used, or are intended for use, in weighing or measuring cannabis or a controlled substance, or scales and balances which contain in the marketing thereof an indication or suggestion of the use;
(5) Diluents and adulterants, such as quinine hydrocloride, mannitol, mannite, dextrose and lactose, used or intended for use, in cutting cannabis or a controlled substance;
(6) Separation gins and sifters used, or intended for use, in removing twigs and seeds from or in otherwise cleaning or refining cannabis;
(7) Blenders, bowls, containers, spoons and mixing devices when the items have inscribed on them an indication or suggestion that they be used or intended for use, in compounding cannabis or a controlled substance or when the items contain in the marketing thereof an indiction or suggestion of the use;
(8) Capsules, balloons, envelopes and other containers when the items have inscribed on them an indication or suggestion that they be used, or are intended for use, in packaging small quantities of cannabis or a controlled substance, or when the items contain in the marketing thereof an indication or suggestion of the use;
(9) Containers or other objects when the items have inscribed on them an indication or suggestion that they be used, or are intended for use, in storing or concealing cannabis or a controlled substance, or when the items contain in the marketing thereof an indication or suggestion of the use;
(10) Hypodermic syringes, needles and other objects used, or intended for use, in parenterally injecting controlled substances into the human body;
(11) Objects used, or intended for use, when such items have inscribed on them an indication or suggestion that they be used, or are intended for use, in ingesting, inhaling or otherwise introducing cannabis, hashish, hashish oil or cocaine into the human body, or when such items contain in the marketing thereof an indication or suggestion of such use, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
(f) Miniature cocaine spoons and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air-driven pipe;
(k) Chillums;
(l) Bongs; and
(m) Ice pipes or chillers.
(12) A court, in determining whether an object is drug paraphernalia, shall consider the following factors:
(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 cannabis or controlled substance;
(c) The proximity of the object, in time and space, to a direct violation of this chapter;
(d) The proximity of the object to cannabis or a controlled substance;
(e) The existence of any residue of cannabis or a controlled substance 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 whom he knows, or should reasonably know, 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 ordinance shall not prevent a finding that the object is intended 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 the use or intended use of the object; and information contained in sales catalogues of which supplier has knowledge concerning use of the object;
(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(s) 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.
PERSON. Any individual, corporation, partnership or association or any other entity.
(Ord. 82-387, passed 4-22-1982)