For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS. As defined in Ill. Rev. Stat. Ch. 56-1/2, § 703, Public Act 79-1465, as amended.
COCAINE SPOON. A spoon with a bowl so small that the primary use for which it is reasonably adapted or designed is to hold or administer cocaine, and which is so small as to be unsuited for the typical, lawful uses of a spoon. A COCAINE SPOON may or may not be merchandised on a chain and may or may not be labeled as a “cocaine” spoon or “coke” spoon.
CONTROLLED SUBSTANCE. Any drug, substance, or immediate precursor enumerated in Ill. Rev. Stat. Ch. 56-1/2, Schedules 1 through 5, Public Act 79-465, as amended, commonly known as the Controlled Substances Act.
DRUG PARAPHERNALIA.
(1) 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 as defined in Ill. Rev. Stat. Ch. 56-1/2, Schedules 1 through 5, Public Act 79-454, as amended or cannabis as defined in Ill. Rev. Stat. Ch. 56-1/2, § 703, Public Act 79-1465, as amended. It includes, but is not limited to:
(a) 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 cannabis or from which a controlled substance or cannabis can be derived;
(b) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substance or cannabis;
(c) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance or cannabis;
(d) Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances or cannabis;
(e) Scales and balances, used, intended for use, or designed for use in weighing or measuring controlled substances or cannabis;
(f) Diluents and adulterants, such as quinine hydrochloride, manitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances or cannabis;
(g) 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;
(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances or cannabis;
(i) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances or cannabis;
(j) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances or cannabis;
(k) 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:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
2. Water pipes;
3. Carburetor tubes and devices;
4. Smoking and carburetor masks;
5. 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;
6. Chamber pipes;
7. Carburetor pipes;
8. Electric pipes;
9. Air-driven pipes;
10. Chillums;
11. Bongs;
12. Ice pipes or chillers;
13. Vape-pen; and/or
14. E-cigarettes.
(2) In determining whether an object is
DRUG PARAPHERNALIA, a court order or other authority should 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 subchapter;
(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 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 subchapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
(g) Instruction, 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; and/or
(n) Expert testimony concerning its use.
MARIJUANA OR HASHISH PIPE. A pipe characterized by a bowl which is so small that the primary use for which it is reasonably adapted or designed is the smoking of marijuana or hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a screen.
PERSON. An individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association.
(Prior Code, § 26-16) (Ord. 2016-30, passed 5-2-2016)