A. Drug Paraphernalia Defined: For purposes of this section, drug paraphernalia is defined as in 720 Illinois Compiled Statutes 600/2(d), as amended, and 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. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substance;
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 signed 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. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;
8. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;
9. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;
10. Hypodermic syringes, needles and other objects used, or intended for use, in parenterally injecting controlled substances into the human body;
11. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing, controlled substances 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. Carburization tubes and devices;
d. Smoking and carburization masks;
e. Chamber pipes;
f. Carburetor pipes;
g. Electric pipes;
h. Air-driven pipes;
i. Chillums; and
j. Ice pipes or chillers.
B. Determining If Drug Paraphernalia: 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 substances;
3. The proximity of the object, in time and space, to a direct violation of this section;
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 knows, or should reasonably know, intend to use the object to facilitate a violation of this section; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this section, 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;
13. The existence and scope of legitimate uses for the object in the community; and
14. Expert testimony concerning its “use”.
C. Possession Prohibited: It shall be unlawful for any person to knowingly possess any drug paraphernalia as it relates to controlled substances, within the corporate limits of the City.
D. Medical Use Of Cannabis: Notwithstanding the foregoing, it shall not be unlawful for any individual to possess drug paraphernalia consistent with the Recreational Use of Cannabis Law Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.), as amended, and the Cannabis Regulation and Tax Act (Act).
E. Penalty: Any person, corporation, firm, or partnership found guilty of violating any provision of this chapter shall be fined according to the Fines and Penalties found in Title 15, Chapter 1: Fines and Penalties, and be responsible for the City's cost of prosecution, including reasonable attorney fees. Each day that a violation continues shall be considered a separate offense.
(Ord. 19-1205, 10-7-2019; amd. Ord. 22-40, 6-20-2022)