(A) Definitions. All defined terms used in this Chapter 133 which are not expressly defined herein shall have the meaning ascribed to such term in the Illinois Controlled Substances Act or the Illinois Cannabis Control Act. As used in this chapter, unless the context otherwise requires:
(1) CANNABIS. Shall have the meaning ascribed to it in Section 3 of the Illinois Cannabis Control Act, as if that definition were incorporated herein.
(2) CONTROLLED SUBSTANCES. Shall have the meaning ascribed to it in Section 102 of the Illinois Controlled Substances Act, as if that definition were incorporated herein.
(3) DELIVER OR DELIVERY. The actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship.
(4) DRUG PARAPHERNALIA.
(a) All equipment, products and materials of any kind which are used, intended for use or assigned 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, cannabis or a controlled substance in violation of the Illinois Cannabis Control Act or the Illinois Controlled Substances Act. It includes, but is not limited to:
1. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing cannabis or controlled substances.
2. Isomerization devices used, intended for use of designed for use in increasing the potency of any species of plant which is cannabis or a controlled substance.
3. Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances.
4. Scales and balances used, intended for use or designed for use in weighing or measuring cannabis or controlled substances.
5. Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose used, intended for use or designed for use in cutting cannabis or controlled substances.
6. Separation gins and sifters used, intended for use or designed in removing twigs and seeds from, or in otherwise cleaning or refining cannabis.
7. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding cannabis or controlled substances.
8. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of cannabis or controlled substances.
9. Containers and other objects used, intended for use or designed for use in storing or concealing cannabis or controlled substances.
10. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting cannabis or controlled substances into the human body.
11. 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. Chillums.
l. Bongs.
m. Ice pipes or chillers.
(b) In determining whether an object is DRUG PARAPHERNALIA, a court or other authority 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 direct violation of this chapter.
4. The proximity of the object to cannabis or controlled substance.
5. The existence of any residue of cannabis or controlled substances of 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 intend to use the object to facilitate a violation of the Illinois Cannabis Control Act or the Illinois Controlled Substances Act. The innocence of an owner or of anyone in control of the object as to a direct violation of the Illinois Cannabis Control Act or the Illinois Controlled Substances Act shall not prevent a finding that the object is intended for use or assigned 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 distributer or dealer of tobacco products.
12. Direct or circumstantial evidence of the ration of sales of the object(s) to the total sales of the business enterprise.
13. The existence and scope of legitimate uses for the object in the community.
14. Expert testimony concerning its use.
(5) MANUFACTURER. The production, preparation, propagation, compounding, conversion or processing of cannabis or controlled substances, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of cannabis or controlled substances or labeling of its container; except, that MANUFACTURER does not include the preparation, compounding, packaging or labeling of cannabis or controlled substances as an incident to lawful research, teaching or chemical analysis and not for sale.
(6) PRODUCT CONTAINING A SYNTHETIC ALTERNATIVE DRUG. Any product containing a synthetic cannabinoid, stimulant or psychedelic/ hallucinogen, as those terms are defined herein, or a drug that is misbranded or falsely advertised as a product containing a synthetic alternative drug.
(7) PERSON. Any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other entity.
(8) PRODUCE OR PRODUCTION. Planting, cultivating, tending or harvesting.
(9) STATE. Includes the state of Illinois and any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America.
(10) SYNTHETIC CANNABINOID. Any compound that functions similar to the active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their analog (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid receptor agonist.
(11) SYNTHETIC PSYCHEDELIC/ HALLUCINOGEN. Any compound that functions similar to the active ingredient of any substance listed on Schedule 1(d) and Schedule 111(g) of the Illinois Controlled Substances Act, including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their “controlled substance analog” (including salts, isomers, esters, ethers and salts of isomers) which have a psychedelic/hallucinogenic effect on the central nervous system and/or brain.
(12) SYNTHETIC STIMULANT. Any compound that functions similar to the active ingredient of any substance listed on Schedule 1(f), Schedule 11(d) and Schedule 111(b) of the Illinois Controlled Substances Act (such as cathinone, methcathinone, MDMA and MDEA), including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance and their “controlled substance analog” (including salts, isomers, and salts of isomers) which have a stimulant effect on the central nervous system.
(B) Unlawful use or 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, cannabis or a controlled substance in violation of the Illinois Cannabis Control Act or the Illinois Controlled Substances Act.
(C) Possession of ten grams or less of cannabis. It is unlawful for any person to knowingly possess ten grams or less of any substance containing cannabis. Any person who violates this section shall be fined an amount not less than $100 nor more than $200.
(D) Delivery or intent to deliver drug paraphernalia.
(1) Prohibited generally. 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, inject, inhale or otherwise introduce into the human body, cannabis or a controlled substance in violation of the cannabis control act or the Illinois controlled substances act.
(2) Minors. Any person who is at least 18 years of age who violates division (D)(1) of this section by delivering drug paraphernalia to a person under 18 years of age who is at least three years his or her junior may be sentenced to imprisonment for a term up to twice the maximum otherwise authorized by division (D)(1) of this section.
(E) Advertising 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.
(F) Sale or delivery of a synthetic alternative drug. It is unlawful for any person to sell, offer for sale, publicly display for sale or attempt to sell, give, deliver, or barter any product containing a synthetic alternative drug.
(G) Possession of a synthetic alternative drug. It is unlawful for any person to knowingly possess or deliver a product containing a synthetic alternative drug with the intent of using the product for ingestion, consumption, inhaling, or intravenous use. In determining intent under this division, a trier of fact may take into consideration, among other things: the proximity of the product to drug paraphernalia; the presence of the product on or within drug paraphernalia; the proximity of the product to a different controlled substance; and whether or not the individual in possession of the product is exhibiting physical effects commonly associated with being under the influence of a controlled substance.
(H) Use of a synthetic alternative drug. It is unlawful for any person to be under the influence of a product containing a synthetic alternative drug.
(I) Manufacture. It shall be unlawful for any person to manufacture, or assemble the ingredients with the intent to manufacture, a product containing a synthetic alternative drug. In determining intent under this division, a trier of fact may take into consideration, among other things: the proximity of the product or ingredients to drug paraphernalia; the presence of the product or ingredients on or within drug paraphernalia; the proximity of the product or ingredients to a different controlled substance.
(J) Penalties.
(1) Any person found to be in violation of § 133.11(F) or (I) shall be subject to fine of not less than $750 for each violation thereof.
(2) Any person found to be in violation of § 133.11(G) or (H) shall be subject to fine of not less than $500 and not more than $750 for each violation thereof.
(3) Any person found to be in violation of § 133.11(F), (G), and (I) Section 6, 7, and 9 shall be subject to a fine as permitted about plus restitution. Restitution shall be the cost of testing the substance and associated testing expenses of not less than $100 and not more than $500 for each violation thereof.
(4) Each violation of § 133.11, or every day a violation continues to exist, shall constitute a new and separate violation.
(Ord. 14-5367, passed 4-15-2014; Am. Ord. 2016-5388, passed 9-6-2016)