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A. No person shall keep for sale, offer for sale, sell or deliver for any commercial consideration any item of drug paraphernalia.
B. Any store, place or premises from which or in which any item of drug paraphernalia is kept for sale, offered for sale, sold or delivered for any commercial consideration is declared to be a public nuisance.
C. In addition to any other penalties already provided for by law and this section, a person or store owner convicted of selling drug paraphernalia shall be subject to having his or her license to sell tobacco revoked, as provided by Section 3-10-6(M) of this code.
D. No person shall knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing a controlled substance into the human body, or in preparing a controlled substance for that use. In determining intent under this subsection D, the proximity of the controlled substance to the drug araphernalia or the presence of a controlled substance on the drug paraphernalia may be considered. This section does not apply to a person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act (720 ILCS 635/0.01).
E. This section shall not apply to the following:
1. Items historically and customarily used in connection with the planting, propagating, cultivating, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of cannabis, tobacco, or any other lawful substance, and including but not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette-rolling papers.
2. A person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act.
F. In determining whether or not a particular item is exempt under this section, the trier of fact should consider, in addition to all other logically relevant factors, the following:
1. The general, usual, customary, and historical use to which the item involved has been put;
2. Expert evidence concerning the ordinary or customary use of the item and the effect of any peculiarity in the design or engineering of the device upon its functioning;
3. Any written instructions accompanying the delivery of the item concerning the purposes or uses to which the item can or may be put;
4. Any oral instructions provided by the seller of the item at the time and place of sale or commercial delivery;
5. Any national or local advertising concerning the design, purpose or use of the item involved, and the entire context in which such advertising occurs;
6. The manner, place and circumstances in which the item was displayed for sale, as well as any item or items displayed for sale or otherwise exhibited upon the premises where the sale was made;
7. 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 cannabis or tobacco products; or
8. The existence and scope of legitimate uses for the object in the community.
G. Any person violating the provisions of this section shall pay a fine as set forth in Section 1-4-3-1 of this code. (Ord. 2017-15, 3-28-2017; amd. Ord. 2020-03, 2-11-2020)