A. Definitions: As used in this section, unless the context otherwise requires, the following words and terms shall have the meanings ascribed to them in this subsection:
CANNABIS: Shall have the meaning ascribed thereto in subsection 6-7-1A of this chapter.
CONTROLLED SUBSTANCE: Shall have the meaning ascribed to it in section 102 of the Illinois controlled substances act, as if that definition were incorporated herein.
DELIVER OR DELIVERY: The actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship.
DRUG PARAPHERNALIA: All equipment, products and materials of any kind which are peculiar to and marketed 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 cannabis control act or the Illinois controlled substance act. The term includes, but is not limited to:
1. Kits peculiar to and marketed for use in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance.
2. Isomerization devices peculiar to and marketed for use in increasing the potency of any species of plant which is cannabis or 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 cannabis or controlled substances.
4. Diluents and adulterants peculiar to and marketed for cutting cannabis or a controlled substance by private persons.
5. Objects peculiar to and marketed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish or hashish oil into the human body including, where applicable, the following items:
a. Water pipes.
b. Carburetion tubes and devices.
c. Smoking and carburetion masks.
d. Miniature cocaine spoons and cocaine vials.
e. Carburetor pipes.
f. Electric pipes.
g. Air driven pipes.
h. Chillums.
i. Bongs.
j. Ice pipes or chillers.
6. Any item whose purpose, as announced or described by the seller, is for use in violation of this section. (Ord. 2007-1280, 4-17-2007)
B. Sale Or Delivery:
1. Prohibited: Any person who keeps for sale, offers for sale, or sells or delivers for any commercial consideration any item of drug paraphernalia commits an offense. (Ord. 2007-1280, 4-17-2007; amd. 2016 Code)
2. Nuisance Declared: Any store, place or premises from which or in which any item of drug paraphernalia is kept for sale, offered for sale, sold or delivered for any commercial consideration is declared to be a public nuisance.
C. Possession Prohibited:
1. A person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use, commits an offense.
2. In determining intent under subsection C1 of this section, the trier of fact may take into consideration the proximity of the cannabis or a controlled substance to drug paraphernalia or the presence of cannabis or a controlled substance on the drug paraphernalia. (Ord. 2007-1280, 4-17-2007)