A. Definitions: The following words and phrases when used in this Section shall, for the purposes of this Section, have the following meanings, except where the context clearly indicates a different meaning:
CANNABIS:
As defined in the Cannabis Regulation and Tax Act, 410 Illinois Compiled Statutes 705/1 et seq. and the Illinois Cannabis Control Act, 720 Illinois Compiled Statutes 550/3.
COCAINE SPOON: A spoon with a bowl so small that the primary use for which it is reasonably adapted or designed is to hold or administer cocaine, and which is so small as to be unsuited for the typical, lawful uses of a spoon. A cocaine spoon may or may not be labeled as a "cocaine" spoon or a "coke" spoon.
CONTROLLED SUBSTANCE: Any drug, substance, or immediate precursor enumerated in Schedules 1 through 5, 720 Illinois Compiled Statutes, as amended (commonly known as the Controlled Substances Act).
DRUG PARAPHERNALIA: All equipment, products and materials of any kind which are used, intended for use or designed 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 a controlled substance as defined in Schedules 1 through 5, 720 Illinois Compiled Statutes, as amended, or cannabis as defined in 720 Illinois Compiled Statutes 550/3, as amended. 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 cannabis or from which a controlled substance or cannabis can be derived;
B. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing a controlled substance or cannabis;
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 or cannabis;
D. Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances or cannabis;
E. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances or cannabis;
F. Diluents and adulterants, such as quinine, hydrochloride, manitol, annite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances or cannabis;
G. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in compounding controlled substances or cannabis;
H. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances or cannabis;
I. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances or cannabis;
J. Containers or other objects used, intended for use or designed for use in storing or concealing controlled substances or cannabis;
K. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, 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. Chamber pipes;
7. Carburetor pipes;
8. Electric pipes;
9. Air-driven pipes;
10. Chillums;
11. Bongs;
12. Ice pipes or chillers.
MARIJUANA OR HASHISH PIPE: A pipe characterized by a bowl which is so small that the primary use for which it is reasonably adapted or designed is the smoking of marijuana or hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a screen.
PERSON: An individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association.
B. Determining Drug Paraphernalia: In determining whether an object is drug paraphernalia, the following factors should be considered in addition to all other logically relevant factors:
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 substance;
3. The proximity of the object to controlled substances;
4. The existence of any residue of controlled substances on the object;
5. 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 the direct violation of this section shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
6. Instructions, oral or written, provided with the object concerning its use;
7. Descriptive materials accompanying the object which explain or depict its use;
8. National or local advertising concerning its use;
9. The manner in which the object is displayed for sale;
10. 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;
11. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
12. The existence and scope of legitimate uses for the object in the community;
13. Expert testimony concerning its "use".
C. Sale Of Drug Paraphernalia Prohibited; Exceptions:
1. It shall be unlawful for any person to sell, offer for sale, display, furnish, supply or give away any cocaine spoon, marijuana pipe, hashish pipe or any drug paraphernalia.
2. The prohibition contained in this section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists or embalmers in the normal lawful course of their respective businesses or professions, nor to common carriers or warehousers or their employees engaged in the lawful transportation of such paraphernalia, nor to public officers or employees while engaged in the performance of their official duties, nor to persons suffering from diabetes, asthma or any other medical condition requiring self-injection. (Ord. 0-93-32, 8-2-1993)
D. Penalty: Any person violating any provision of this section shall be fined not less than seven hundred fifty dollars ($750.00) nor more than seven hundred fifty dollars ($750.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 0-93-32, 8-2-1993; amd. Ord. 0-97-76, 12-15-1997, eff. 1-1-1998; Ord. O-20-06, 3-9-2020)