DRUG PARAPHERNALIA
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DRUG PARAPHERNALIA. All equipment, products and materials of any kind which are used, intended for use, or designed 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 the Controlled Substances Act of the State. It includes, but is not limited to:
(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(2) It's used, intended for use, or designed for use in manufacturing compounding, converting, producing, processing, or preparing controlled substances;
(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(4) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose used, intended for use, or designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;
(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
(12) Objects used, intended for use, or designed 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) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Roach clips; meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
(f) Miniature cocaine spoons, and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air-driven pipes;
(k) Chilums;
(l) Bongs;
(m) Ice pipes or chillers.
(Ord. 2871, passed 12-13-93)
In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:
(A) Statements by an owner or by anyone in control of the object concerning its use.
(B) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance.
(C) The proximity of the object, in time and space, to a direct violation of this chapter.
(D) The proximity of the object to controlled substances.
(E) The existence of any residue of controlled substances on the objects.
(F) 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 reasonable know, intend to sue the object to facilitate a violation of this chapter; the innocence of an owner or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia.
(G) Instructions, oral or written, provided with the object concerning its use.
(H) Descriptive materials accompanying the object which explain or depict its use.
(I) National and local advertising concerning its use.
(J) The manner in which the object is displayed for sale.
(K) 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 tobacco products.
(L) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.
(M) The existence and scope of legitimate uses for the object in the community.
(N) Expert testimony concerning its use.
(Ord. 2871, passed 12-13-93)
(A) Possession of drug paraphernalia. It is unlawful for any person to use or to possess with intent to use, drug paraphernalia to plant, propagate cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. Any person who violates this section is guilty of an unlawful offense and each day any violation of this section shall continue shall constitute a separate offense.
(B) Manufacture or delivery of drug paraphernalia. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise, introduce into the human body a controlled substance in violation of this chapter. Any person who violates this section is guilty of an unlawful offense and each day any violation of this section shall continue shall constitute a separate offense.
(C) Delivery of drug paraphernalia to a minor. Any person 18 years of age or over who violates division (B) hereof by delivering drug paraphernalia to a person under 18 years of age who is at least three years his junior is guilty of an unlawful offense and each day any violation of this section shall constitute a separate offense.
(D) Advertisement of drug paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this section is guilty of an unlawful offense and each day any violation of this section shall continue shall constitute a separate offense.
(Ord. 2871, passed 12-13-93) Penalty, see § 99.99
All drug paraphernalia as defined by this chapter shall be subject to seizure and forfeiture as is set forth in ILCS Ch. 720, Act 570, § 505 and any amendment thereto, and this chapter does hereby adopt the provisions thereof concerning the disposing of the property.
(Ord. 2871, passed 12-13-93)
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