The following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
CANNABIS: Includes marijuana, hashish or other substances which are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, 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 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 seeds of such plant. Cannabis shall also include any substance defined as cannabis in section 3 of the Illinois Cannabis Control Act, 720 Illinois Compiled Statutes 550/3 et seq., and as hereafter amended.
CONTROLLED SUBSTANCE: Any substance as defined in article II of the Illinois Controlled Substances Act, 720 Illinois Compiled Statutes 570/201 et seq.
DELIVER OR DELIVERY: Actual, constructive or attempted transfer of possession of cannabis, with or without consideration, whether or not there is an agency relationship.
DRUG PARAPHERNALIA: All equipment, products, and materials of any kind which are intended to be used unlawfully 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 this title, or the Illinois Controlled Substances Act, 720 Illinois Compiled Statutes 570/ et seq. It includes, but is not limited to:
A. Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;
B. Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is a controlled substance;
C. Diluents and adulterants intended to be used unlawfully for cutting a controlled substance by private persons;
D. Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing a controlled substance 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;
5. Carburetor pipes;
6. Electric pipes;
7. Air driven pipes;
8. Chillums;
9. Bongs;
10. Ice pipes or chillers;
E. Any item whose purpose, as announced or described by the seller, is for use in violation of this act.
KNOWLEDGE: Knows, acts knowingly or with knowledge:
A. The nature or attendant circumstances of his/her conduct, described by the section defining the offense, when he/she is consciously aware that his/her conduct is of such nature or that such circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that such fact exists.
B. The result of his/her conduct, described by the section defining the offense, when he/she is consciously aware that such result is likely to be caused by his/her conduct.
C. Knowledge may be inferred from the surrounding circumstances.
MANUFACTURE: The production, preparation, propagation, compounding, conversion or processing of cannabis, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of cannabis or labeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of cannabis as an incident to lawful research, teaching, chemical analysis, or sold and possessed as provided in the Compassionate Use of Medical Cannabis Pilot Program Act as amended and the Cannabis Regulation and Tax Act as amended..
NITROUS OXIDE (N2O): A colorless flammable gas used as an anesthetic and in aerosols.
NITROUS OXIDE CARTRIDGE: Any cartridge containing less than twenty (20) ounces of compressed nitrous oxide (N2O).
PERSON: Any individual, corporation, business trust, estate, trust, partnership or association, or any other entity.
POSSESSION: Possession may be either actual or constructive.
A. Actual possession means exercising physical dominion.
B. Constructive possession may be inferred if the defendant has intent and capacity to maintain control and dominion over the cannabis or drug paraphernalia.
PRODUCE OR PRODUCTION: Planting, cultivating, tending or harvesting. (Ord. 2004-15; Ord. 2019-30)