A. Possession Of Cannabis: It is unlawful for any person to knowingly possess not more than two and five-tenths gram (2.5 g) of any substance containing cannabis. Any person who has not been previously convicted of, or placed on probation or court supervision for any offense under the Illinois cannabis control act 1 , is eligible for a sentence for probation, at the discretion of the court, without entering a judgment and with the consent of such offender. Such a probation shall be consistent with the terms, limitations and restrictions as set forth under 720 Illinois Compiled Statutes 550/10 and any amendments thereto.
B. Prohibiting Sale And Possession Of Drug Paraphernalia:
1. Definition Of Drug Paraphernalia: The term "drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagation, 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 cannabis control act. 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 from which a controlled substance can be derived.
b. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
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.
d. Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances.
e. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.
f. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances.
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.
i. Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.
j. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.
k. Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.
l. Objects used, intended for use, or designed for use in ingesting, inhaling, 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) Carburetion tubes and devices.
(4) Smoking and carburetion 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) Miniature cocaine spoons and cocaine vials.
(7) Chamber pipes.
(8) Carburetor pipes.
(9) Electric pipes.
(10) Air driven pipes.
(11) Chillums.
(12) Bongs.
(13) Ice pipes or chillers.
m. 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 made 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 states or federal law relating to any controlled substance.
(3) The proximity of the object, in time and space, to a direct violation of this chapter.
(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 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.
(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 the sales of the object(s) to the total sales of the business enterprises.
(13) The existence and scope of legitimate uses for the object in the community.
(14) Expert testimony concerning its use.
2. 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 may be fined up to five hundred dollars ($500.00).
3. 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 subsection B, upon conviction, may be imprisoned for not more than three (3) months or fined five hundred dollars ($500.00), or both.
4. Delivery Of Drug Paraphernalia To A Minor: Any person eighteen (18) years of age or over who delivers drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior, upon conviction, may be imprisoned for not more than six (6) months or fined five hundred dollars ($500.00) or both.
5. 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 subsection B, upon conviction, may be imprisoned for not more than thirty (30) days or fined five hundred dollars ($500.00), or both.
6. Civil Forfeiture: All drug paraphernalia manufactured, delivered, possessed, intended for use, or designed for use defined in subsections B1a through B1l of this section shall be seized without a warrant by a peace officer and the paraphernalia shall be subject to forfeiture.
7. Severability: If any provision of this subsection B or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or other applications of this subsection B which can be given effect without the invalid provision or application, and to this end the provisions of this subsection B are severable. (Ord. 860, 4-12-1995)
Notes
| 1 | 1. 720 ILCS 550/1 et seq. |