A. Definition: As used in this section, the following term shall have the meaning ascribed to it in this subsection:
DRUG PARAPHERNALIA: All equipment, products, and materials of any kind which are used or 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 a controlled substance in violation of 720 Illinois Compiled Statutes 600/1 et seq, The state criminal penalty for possession of drug paraphernalia was amended to exclude cannabis paraphernalia from the offense. As such, the penalty for possession of drug paraphernalia now applies only to paraphernalia used or intended to be used with controlled substances other than cannabis. It includes but is not limited to:
1. Kits used, intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
2. Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance;
3. Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
4. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use, in cutting controlled substances;
5. Separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;
6. Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled substances into the human body;
7. Objects used or intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, 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. Carburetion tubes and devices;
c. Water pipes;
d. Smoking and carburetion masks;
e. Roach clips; meaning paper clips, alligator clips, hairpins, or other similar objects that have been altered so that there exists a handle attached to said object at an angle between forty five degrees (45°) and one hundred thirty five degrees (135°) so that the alteration would facilitate a person's hold of burning materials such as a marijuana cigarette that has become too small or too short to be held by the fingers and so that the alteration prohibits the use of said object for its normal function;
f. Cocaine spoons, and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs;
m. Ice pipes or chillers.
B. Additional Considerations: 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, it 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, by the object's owner or person in control of the object, of 720 Illinois Compiled Statutes 550/1 et seq., and 570/100 et seq.;
4. The proximity of the object to controlled substances owned by the object's owner or person in control of the object;
5. The existence of any residue of controlled substances on the object;
6. Direct or circumstantial evidence of the intent of the owner, or of anyone in control of the object, to deliver it to persons whom he/she knows intend to use the object to facilitate a violation of 720 Illinois Compiled Statutes 550/1 et seq., and 570/100 et seq.; the innocence of an owner, or of anyone in control of the object, as to a direct violation of 720 Illinois Compiled Statutes 550/1 et seq., and 570/100 et seq., 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. Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise; and
12. Expert testimony concerning its use.
(1997 Code; amd. Ord. O-20-04, 1-27-2020)