(A) Violation. No person shall knowingly possess any item of drug paraphernalia with the intent to use it for the purpose of unlawfully ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use within the corporate limits of the city. In determining intent for purposes of this section, the trier of fact may take into consideration the proximity of the cannabis or controlled substances to drug paraphernalia or the.presence of cannabis or a controlled substance on the drug paraphernalia.
(B) Penalty. Any person who pleads guilty or is found guilty by a court of law for violating this section shall be punishable by a fine of not less than $250 and no more than $750.
(C) Forfeiture. DRUG PARAPHERNALIA, as defined in § 139.01, seized by police officers pursuant to an arrest or issuance of a notice to appear for a violation of this section, shall be forfeited to the city upon a plea of guilty, a finding of guilt and/or a disposition of court supervision or probation by a court of law or upon the individual utilizing any administrative remedy allowed by the city without further order of the court. Any other items which may be seized or forfeited pursuant to 720 ILCS 600/5 may be forfeited in the same manner as described therein for a violation of this section.
(D) Violation. It shall be unlawful for any person to keep for sale, offer for sale, sell, or deliver for any commercial consideration any item of drug paraphernalia within the corporate limits of the city.
(E) Exceptions. This section does not apply to:
(1) Items used in the preparation, compounding, packaging, labeling, or other use of cannabis or a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale.
(2) Items historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling tobacco or any other lawful substance unless such item has the presence of cannabis or a controlled substance. Items exempt under this division include, but are not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette rolling papers.
(3) Items listed in the definition of DRUG PARAPHERNALIA in § 139.01, if said items are used solely for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for any illicit purposes prohibited by this section.
(4) A person who is legally authorized to possess hypodermic syringes or needles under the hypodermic syringes and needles act, 720 ILCS 635/0.01 et seq.
(F) Penalty. Any person who pleads guilty or is found guilty by a court of law for violating this section shall be punishable by a fine of not less than $250 and no more than $750 for each item of drug paraphernalia.
(G) Forfeiture. DRUG PARAPHERNALIA, as defined in § 139.01, seized by police officers pursuant to an arrest or issuance of a notice to appear for a violation of this section, shall be forfeited to the city upon a plea of guilty, a finding of guilt and/or a disposition of court supervision or probation by a court of law or upon the individual utilizing any administrative remedy allowed by the city without further order of the court. Any other items which may be seized or forfeited pursuant to 720 ILCS 600/5 may be forfeited in the same manner as described therein for a violation of this section.
(Ord. 02-17, passed 3-14-2017)