14-7-3: POSSESSION OF DRUG PARAPHERNALIA PROHIBITED:
   A.   Violation: No person shall knowingly possess any item of drug paraphernalia with the intent to use it for the purpose of unlawfully ingesting, inhaling, or otherwise introducing a controlled substance into the human body, or in preparing a controlled substance for that use within the corporate limits of the city of Carbondale. In determining intent for purposes of this section, the trier of fact may take into consideration the proximity of the controlled substances to the drug paraphernalia or the presence of a controlled substance on the drug paraphernalia.
   B.   Penalty: Any person who pleads guilty or is found guilty by a court of law shall be punished by a minimum fine of not less than two hundred fifty dollars ($250.00) and no more than seven hundred fifty dollars ($750.00).
   C.   Forfeiture: "Drug paraphernalia" as defined herein, seized by police officers pursuant to an arrest or issuance of a notice to appear for a violation of this section, shall be forfeited to the city upon a plea of guilty, a finding of guilt and/or a disposition of court supervision or probation by a court of law or upon the individual utilizing any administrative remedy allowed by the city without further order of the court. Any other items which may be seized or forfeited pursuant to section 720 Illinois Compiled Statutes 600/5, may be forfeited in the same manner as described therein for a violation of this section.
   D.   Exemptions: This section does not apply to:
      1.   Items used in the preparation, compounding, packaging, labeling, or other use of a controlled substance as an incident to lawful sale, use, research, teaching, or chemical analysis and not for sale.
      2.   Items historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance unless such item has the presence of a controlled substance. Items exempt under this subsection include, but are not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette rolling papers.
      3.   Items listed in the definition of "drug paraphernalia" in section 14-7-1 of this chapter if said items are used solely for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for any illicit purposes prohibited by this chapter.
      4.   A person who is legally authorized to possess hypodermic syringes or needles under the hypodermic syringes and needles act, 720 Illinois Compiled Statutes 635/0.01 et seq. (Ord. 2004-15; Ord. 2019-30)