A. Definitions:
CANNABIS: Includes 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, derivatives, 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.
CONTROLLED SUBSTANCE: Includes any controlled substance or controlled substance analog as defined in section 102 of the Illinois controlled substances act 1 , as amended from time to time.
DELIVER OR DELIVERY: The actual, constructive, or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship.
DRUG PARAPHERNALIA: All equipment, products and materials of any kind, including methamphetamine manufacturing materials as defined in section 10 of the "methamphetamine control and community protection act" 2 , which are used, intended for use, designed for use, or peculiar to or marketed 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, a controlled substance, or a look alike substance in violation of the "cannabis control act" 1 , the "Illinois controlled substances act" 2 , the "methamphetamine control and community protection act" 3 , or this section. This includes, but is not limited to, the following:
1. Kits that are possessed or intended for use, designed for use, or peculiar to or marketed for use in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance;
2. Isomerization devices that are used, intended for use, designed for use, or peculiar to or marketed for use to increase the potency of any species of plant which is cannabis or a controlled substance;
3. Testing equipment that is used, intended for use, designed for use, or peculiar to or marketed for private home use in identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances;
4. Diluents and adulterants that are used, intended for use, designed for use, or peculiar to or marketed for use in cutting cannabis or a controlled substance by private persons;
5. Scales and balances used, intended for use, or designed for use, or peculiar to and marketed for use in weighing or measuring controlled substances or cannabis;
6. Containers and other objects used, intended for use, designed for use, or peculiar to or marketed for use in storing or concealing controlled substances;
7. Objects that are: a) used or intended for use, b) designed for use, or c) peculiar to or marketed for use in injecting, ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, hashish oil, or any controlled substance into the human body including, where applicable, but not limited to, the following items:
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. Miniature cocaine spoons and cocaine vials;
f. Carburetor pipes;
g. Electric pipes;
h. Air driven pipes;
i. Chillums;
j. Bongs;
k. Ice pipes or chillers;
8. Any item whose purpose, as announced or described by the seller, is for use in violation of this section or the "drug paraphernalia control act" 6 .
LOOK ALIKE SUBSTANCES: A substance which: 1) by its overall dosage unit appearance, including shape, color, size, markings or lack thereof, taste, consistency, or any other identifying physical characteristic of the substance, would lead a reasonable person to believe that the substance is cannabis, a controlled substance, or a synthetic drug; or 2) is expressly or impliedly represented to be cannabis, a controlled substance, or a synthetic drug, or distributed under circumstances which would lead a reasonable person to believe that the substance is cannabis, a controlled substance, or a synthetic drug. For the purpose of determining whether the representations made or the circumstances of the distribution would lead a reasonable person to believe the substance to be cannabis, a controlled substance, or a synthetic drug under this subsection 2 of this definition, the court or other authority may consider the following factors in addition to any other factor that may be relevant: a) statements made by the owner or person in control of the substance concerning its nature, use or effect; b) statements made to the buyer or recipient that the substance may be resold for profit; c) whether the substance is packaged in the manner normally used for the illegal distribution of controlled substances; d) whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration and whether the amount of the consideration was substantially greater than the reasonable retail market value of the substance.
SYNTHETIC CANNABINOID: Any laboratory created compound that functions similarly to the active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance, and their analog (including isomers, esters, ethers, and salts of isomers) containing a cannabinoid receptor agonist.
SYNTHETIC DRUGS: Any product containing a synthetic cannabinoid, stimulant, or psychedelic/hallucinogen, as those terms are defined herein.
SYNTHETIC PSYCHEDELIC/HALLUCINOGEN: Any compound that mimics the effects of any federally controlled schedule I substance, including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance, and their analogs (including salts, isomers, esters, ethers, and salts of isomers), containing substances which have a psychedelic/hallucinogenic effect on the central nervous system and/or brain.
SYNTHETIC STIMULANT: Any compound that mimics the effects of any federally controlled schedule I substance such as cathinone, methcathinone, MDMA and MDEA, including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analogs (including salts, isomers, and salts of isomers) containing substances which have a stimulating effect on the central nervous system.
B. Unlawful: It shall be unlawful for any person to possess, keep for sale, sell, or deliver for any commercial consideration cannabis, a controlled substance, a synthetic drug, a look alike substance, or drug paraphernalia.
C. Nuisance: It shall be unlawful and it is hereby declared to be a nuisance for any store, place or premises to keep for sale, offer for sale, sell, or deliver for any commercial consideration any synthetic drug or item of drug paraphernalia.
D. Defense: It shall be an affirmative defense to a charge under this section that the accused had authority to possess, keep for sale, offer for sale, sell, or deliver any item or substance prohibited in this section pursuant to the Illinois controlled substances act 7 , or that the accused is legally authorized to possess hypodermic syringes or needles under the hypodermic syringes and needles act 8 . (Ord. 611, 4-9-2012)
Notes
| 1 | 1. 720 ILCS 570/102. |
| 2 | 2. 720 ILCS 646/10. |
| 1 | 1. 720 ILCS 550/1 et seq. |
| 2 | 2. 720 ILCS 570/100 et seq. |
| 3 | 3. 720 ILCS 646/1 et seq. |
| 6 | 1. 720 ILCS 600/1 et seq. |
| 7 | 1. 720 ILCS 570/101 et seq. |
| 8 | 1. 720 ILCS 635/0.01 et seq. |