(A) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS. The meaning ascribed to it in the Illinois Cannabis Control Act, ILCS Chapter 720, Act 550, § 3(a), as that definition is set forth from time to time and is incorporated herein.
DRUG PARAPHERNALIA. All equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in Section 10 of the Methamphetamine Control and Community Protection Act, which are intended to be used unlawfully 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 Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act. It includes, but is not limited to:
(a) Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance;
(b) Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is cannabis or a controlled substance;
(c) Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances;
(d) Diluents and adulterants intended to be used unlawfully for cutting cannabis or a controlled substance by private persons;
(e) Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, hashish oil, or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act into the human body including, where applicable, the following items:
1. Water pipes;
2. Carburetion tubes and devices;
3. Smoking and carburetion masks;
4. Miniature cocaine spoons and cocaine vials;
5. Carburetor pipes;
6. Electric pipes;
7. Air-driven pipes;
8. Chillums;
9. Bongs;
10. Ice pipes or chillers;
(f) Any item whose purpose, as announced or described by the seller, is for use in violation of the Act.
(B) Possession of cannabis. It shall be a violation of this section for the following:
(1) Any person to knowingly possess more than 30 grams and up to 100 grams of cannabis.
(2) Any person to use cannabis on school or pre-school property.
(3) Any person under the age of 21 years to possess or use cannabis.
(4) Any person to use cannabis in close physical proximity to a person under the age of 21 years.
(5) Any person to sell cannabis to minors under the age of 21 years.
(6) Any person to use cannabis in a public place.
(7) Any person to possess cannabis in a motor vehicle, unless the cannabis is in a sealed, odor-proof, child resistant, tamper evident cannabis container, and is reasonably inaccessible to the passengers.
(8) Any person to smoke or use cannabis in any location where smoking is banned by the Smoke-Free Illinois Act.
(9) Any person facilitating the use of cannabis by a person who is not allowed to use cannabis under the Cannabis Regulation and Tax Act.
(C) Exception. It shall not be a violation of division (B) of this section for those using or possessing cannabis under the Compassionate Use of Medical Cannabis Act.
(D) Possession of drug paraphernalia.
(1) It shall be a violation of this section for any person to knowingly possess an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance in the human body, or in preparing cannabis or a controlled substance for that use.
(2) This section shall not apply to:
(a) Items marked for use in the preparation, compounding, packaging, labeling, or other use of cannabis as an incident to lawful research, teaching or chemical analysis and not for sale or personal use; or
(b) 1. Items marketed for, or historically and customarily used in connection with, the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting or inhaling of tobacco or other lawful substance.
2. Items exempt include, but are not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes and cigarette rolling papers.
(c) Items described in division (D)(2)(a) above which are marketed for decorative purposes, where such items have been rendered completely inoperable or incapable of being used as an item of drug paraphernalia.
(E) Seizure and forfeiture. All items of drug paraphernalia shall be seized and forfeited as contraband of the county.
(Ord. 2016-22, passed 10-24-2016; Am. Ord. 2019-23, passed 12-9-2019)