For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS. Shall have the meaning ascribed to it in the Cannabis Control Act, 720 ILCS 550/3 as if that definition were incorporated herein.
CONTROLLED SUBSTANCE. Shall have the meaning ascribed to it in the Illinois Controlled Substances Act, 720 ILCS 570/102 as if that definition were incorporated herein.
DRUG PARAPHERNALIA. All equipment, products and materials of any kind 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 the Cannabis Control Act or the Illinois Controlled Substances Act. It 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 a private person; and
(5) (a) Objects. Objects intended to be used unlawfully in ingesting, inhaling or otherwise introducing cannabis, cocaine, hashish or hashish oil into the human body, including but not limiting 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; and
10. Ice pipes or chillers.
(b) Determination of status; factors to be considered. In determining whether an object is drug paraphernalia, a court or other authority should consider in addition to all other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. 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;
3. The proximity of the object, in time and space, to a direct violation of the Illinois Controlled Substances Act;
4. The proximity of the object to controlled substances;
5. The existence of any residue of controlled substances on the object;
6. 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 or she knows or should reasonably know intends to use the object to facilitate a violation of the statutes referred to in this section; the innocence of an owner or of anyone in control of the object as to a direct violation of the statute shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia;
7. Instructions, oral or written, provided with the object concerning its use;
8. Descriptive materials accompanying the object which explain or depict its use;
9. National and local advertising concerning its use;
10. The manner in which the object is displayed for sale;
11. 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;
12. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise; and/or
13. The existence and scope of legitimate uses for the object in the community.
(c) Any item whose purpose, as announced or described by the seller, is for use in violation of these Acts.
(Ord. 04-13, passed 7-6-2004)