(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
CANNABIS PARAPHERNALIA. Equipment, products, or materials intended to be used for planting, propagating, cultivating, growing, harvesting, manufacturing, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, or otherwise introducing cannabis into the human body.
DRUG PARAPHERNALIA. All equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in Section 10 of the Methamphetamine Control and Community Protection Act and cannabis paraphernalia as defined in Section 1-10 of the Cannabis Regulation and Tax Act, 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 the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act. 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) Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(d) Diluents and adulterants intended to be used unlawfully for cutting a controlled substance by private persons;
(e) Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cocaine or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act 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;
(f) Any item whose purpose, as announced or described by the seller, is for use in violation of the Drug Paraphernalia Control Act.
(g) A court, in determining whether an object is CANNABIS PARAPHERNALIA or DRUG PARAPHERNALIA, shall consider the following factors:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. The proximity of the object, in time and space, to a direct violation of this chapter;
3. The proximity of the object to cannabis or a controlled substance;
4. The existence of any residue of cannabis or a controlled substance on the object;
5. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, shall not prevent a finding that the object is intended for use as drug paraphernalia;
6. Instruction, oral or written, provided with the object concerning its use;
7. Descriptive materials accompanying the object which explain or depict its use;
8. National and local advertising concerning the use or intended use of the object; and information contained in sales catalogues of which supplier has knowledge concerning use of the object;
9. The manner in which the object is displayed for sale;
10. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as licensed distributor of tobacco products;
11. Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise;
12. The existence and scope of legitimate uses for the object in the community;
13. Expert testimony concerning its use.
(B) Possession and sale of drug and cannabis paraphernalia.
(1) It shall be unlawful for any person to knowingly possess 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.
(2) It shall be unlawful for any person to sell or deliver, or possess with intent to sell or deliver, any drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used for ingesting, inhaling, or otherwise introducing a controlled substance into the human body, or in preparing a controlled substance for that use.
(3) No person under the age of 21 years old shall possess cannabis paraphernalia. Any person in violation of this section shall be fined not less than $250.
(C) Delivering drug paraphernalia to minors prohibited. Any person 18 years of age or older who violates this Section by delivering drug paraphernalia to a person under eighteen (18), shall, upon a finding of guilty, be fined not less than $250 nor more than $750.
(D) Exempt persons. Nothing in this section shall limit the lawful authority granted to:
(1) Persons who are authorized by ILCS Ch. 720, Act 550, §§ 1 et seq. (Cannabis Control Act), to deal with cannabis;
(2) Persons registered under federal law to conduct research with cannabis;
(3) Persons authorized by ILCS Ch. 720, Act 570, §§ 100 et seq. (Controlled Substance Act), to deal with controlled substances; and
(4) Authorized law enforcement personnel while in the course of their duties.
(Ord. 1736, passed 4-5-98; Am. Ord. 3260, passed 9-21-20) Penalty, see § 136.99