(A) It shall be unlawful to knowingly possess an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing a controlled substance for that use. Furthermore, it shall be unlawful for any person under the age of 21 to knowingly possess an item of cannabis paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis.
(B) Definitions: For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS PARAPHERNALIA. Any equipment, products, or materials intended to be used for planting, propagating, cultivating, growing, harvesting, manufacturing, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, or otherwise introducing cannabis into the human body.
CONTROLLED SUBSTANCE. Any drug or substance recited in the Illinois Controlled Substances Act (ILCS Ch. 720, Act 570, §§ 100 et seq.).
PARAPHERNALIA. Any equipment, products, and materials of any kind, other than cannabis paraphernalia, which are peculiar to or adapted for use in unlawfully planting, growing, harvesting, manufacturing, producing, processing, preparing, testing, analyzing, packaging, storing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body cannabis or a controlled substance in violation of the Illinois Controlled Substances Act (ILCS Ch. 720, Act 570, §§ 100 et seq.), the Methamphetamine Control and Community Protection Act (ILCS 720 Ch. 646 §§ 100 et seq.) or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act (ILCS Ch.410, Act 620 §§ 100 et seq.) or any similar law or ordinance. Drug paraphernalia shall include but not be limited to:
(1) Kits peculiar to and marketed for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;
(2) Isomerization devices peculiar to and marketed for use in increasing the potency of any species of plant which is a controlled substance;
(3) Testing equipment peculiar to and marketed for private home use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances;
(4) Diluents and adulterants peculiar to and marketed for cutting a controlled substance by private persons;
(5) Objects peculiar to and marketed for use in ingesting, inhaling, or otherwise introducing cocaine, or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act ILCS Ch.410, Act 620 §§ 100 et seq.) into the human body, including, where applicable, the following items:
(a) Water, ice, air-driven or electric pipes;
(b) Miniature cocaine spoons or vials;
(c) Smoking or carburetion tubes and devices;
(d) Smoking and carburetion masks; carburetor pipes or other devices; chillums; bongs; roach clips; or
(e) Any item whose purpose, as announced or described to the possessor, or whose actual use as determined by the presence of a controlled substance on, in, or near the item, is for use in violating the Illinois Controlled Substances Act (ILCS Ch. 720, Act 570, §§ 100 et seq.), the Methamphetamine Control and Community Protection Act (ILCS 720 Ch. 646 §§ 100 et seq.) or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act (ILCS Ch.410, Act 620 §§ 100 et seq.) or any similar law or local ordinance.
(C) In determining use or intent under this section, the trier of fact may take into consideration the general, usual customary and historical use to which the item involved has been put, and the proximity of the cannabis or controlled substance to the drug paraphernalia.
(D) The following items shall be exempt from this section:
(1) Items marketed for use in the preparation, compounding, packaging, labeling, or other use of cannabis or a controlled substance as an incident to lawful research, teaching, or chemical analysis, and not for sale:
(2) Items marketed for, or historically and customarily used in connection with, the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other unlawful substance, including but not limited to garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette-rolling papers.
(3) Items listed in division (B), which are marketed for decorative purposes when such items have been rendered completely inoperable or incapable of being used for any illicit purpose prohibited by this section.
(4) In determining whether or not a particular item is exempt under this division, the trier of fact should consider, in addition to all other logically relevant factors, the following:
(a) The general, customary, and historical use to which the item involved has been put;
(b) Expert evidence concerning the ordinary or customary use of the item and the effect of any peculiarity in the design or engineering of the device upon its functioning;
(c) Any written instructions accompanying the delivery of the item concerning the purposes or uses to which the item can or may be put;
(d) Any oral instructions provided by the seller of the item at the time and place of sale or commercial delivery;
(e) Any national or local advertising concerning the design, purpose, or use of the item involved, and the entire context in which such advertising occurs;
(f) The manner, place, and circumstances in which the item was displayed for sale, as well as any item or items displayed for sale or otherwise exhibited upon the premises where the sale was made;
(g) 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;
(h) The existence and scope of legitimate uses for the object in the community.
(Ord. 01-13, passed 7-24-01; Am. Ord. 20-18, passed 5-26-20) Penalty, see § 136.99