Definitions. When used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
CANNABIS. Includes marijuana, hashish or 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, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other 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 seeds of such plant. CANNABIS shall also include any substance defined as cannabis in Section 3 of the Illinois Cannabis Control Act, 720 ILCS 550/3, and as hereafter amended.
CONTROLLED SUBSTANCE. Any substance as defined in Article II of the Illinois Controlled Substances Act, 720 ILCS 570/201 et seq.
DELIVER OR DELIVERY. Actual, constructive or attempted transfer of possession of cannabis, with or without consideration, whether or not there is an agency relationship.
DRUG PARAPHERNALIA. All equipment, products, and materials of any kind, other than "methamphetamine manufacturing materials", as defined in 720 ILCS 646/10, 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 cannabis or a controlled substance in violation of this section, the Cannabis Control Act, 720 ILCS 500/1 et seq., or the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq. The term includes, but is not limited to:
(1) Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing, or preparing cannabis or a controlled substance;
(2) Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is cannabis or a controlled substance;
(3) Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness, or purity of cannabis or controlled substances;
(4) Diluents and adulterants intended to be used unlawfully for cutting cannabis or a controlled substance by private persons;
(5) Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body including, where applicable, the following items:
(a) Water pipes.
(b) Carburetion tubes and devices;
(c) Smoking and carburetion masks;
(d) Miniature cocaine spoons and cocaine vials;
(e) Carburetor pipes;
(f) Electric pipes;
(g) Air driven pipes;
(h) Chillums;
(i) Bongs; and
(j) Ice pipes or chillers.
(6) Any item whose purpose, as announced or described by the seller, is for use in violation of this section.
KNOWLEDGE. Knows, acts knowingly or with knowledge: (1) the nature or attendant circumstances of his/her conduct, described by the section defining the offense, when he/she is consciously aware that his/her conduct is of such nature or that such circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that such fact exists; (2) the result of his/her conduct, described by the section defining the offense, when he/she is consciously aware that such result is likely to be caused by his/her conduct; and (3) knowledge may be inferred from the surrounding circumstances.
MANUFACTURE. The production, preparation, propagation, compounding, conversion or processing of cannabis, synthetic cocaine or a substance containing cocaine, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of cannabis, synthetic cocaine or a substance contacting cocaine or labeling of its container; except, that this term does not include the preparation, compounding, packaging or labeling of cannabis as an incident to lawful research, teaching or chemical analysis and not for sale.
PERSON. Any individual, corporation, business trust, estate, trust, partnership or association, or any other entity.
POSSESSION. May be either actual or constructive: (1) ACTUAL POSSESSION means exercising physical dominion; and (2) CONSTRUCTIVE POSSESSION may be inferred if the defendant has intent and capacity to maintain control and domiaionnver the cannabis, synthetic cocaine or substance containing cocaine.
PRODUCE or PRODUCTION. Planting, cultivating, tending or harvesting.
SYNTHETIC CANNABIS. Includes the brand names K2 and spice. The term is an herbal and chemical product which mimics the effects of cannabis including, but not limited to, synthetic cannabinoids, cannabicyclohexanol, JWH-018, JWH-073 and HU-210.
SYNTHETIC COCAINE, BATH SALTS or SUBSTANCES CONTAINING COCAINE: Includes, but not limited to, the names, MDPK, magic, super coke, PV, ivory wave, ocean, cloud nine, charge plus, white lightning, scarface, hurricane, charlie red dove and white dove. They are herbal and chemical products which mimic the effects of cocaine including, but not limited to, methylenedioxypyrovalerone (a psychoactive drug) or cathinone derivatives. BATH SALTS is a substance that contains methylenedioxypyrovalerone (MDPV) or contains a norepinephrine-dopamine reuptake inhibitor (NDRI).
(Ord. 02-17, passed 3-14-2017)