(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS. Marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, CANNABIS does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. CANNABIS does not include industrial hemp as defined and authorized under the Industrial Hemp Act. CANNABIS also means concentrate and cannabis-infused products.
CONTROLLED SUBSTANCE. Shall have the meaning ascribed to it in the ILCS Ch. 720, Act 570, § 102, as amended or superseded, as if that definition were incorporated herein.
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, extracting, 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in violation of § 136.02 of this code (Possession of Cannabis) or the Illinois Controlled Substances Act, as amended or superseded. It includes, but is not limited to: kits peculiar to and marketed for use in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance; isomerization devices peculiar to and marketed for use in increasing the potency of any species of plant which is cannabis or a controlled substance; testing equipment peculiar to and marketed for private home use in identifying or in analyzing the strength, effectiveness or purity of cannabis or nonprescription controlled substances; dilutents and adulterants peculiar to and marketed for cutting cannabis or a non-prescribed controlled substance by private persons; 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: water pipes; carburetion tubes and devices; smoking and carburetion masks; miniature cocaine spoons and cocaine vials; carburetor pipes; electric pipes; air-driving pipes; chillums; bongs; ice pipes or chillers; any other item the purpose of which is use described in this division of this section.
(B) Violation.
(1) It is unlawful for any person under the age of twenty-one to knowingly possess an item of drug paraphernalia with the intent to use it in ingesting, inhaling or otherwise introducing cannabis or a nonprescribed controlled substance into the human body, or in preparing cannabis or a nonprescribed controlled substance for that use. In determining intent, the trier of fact may take into consideration the proximity of the cannabis or controlled substances to drug paraphernalia. The presence of cannabis or a controlled substance, not lawfully prescribed to the possessor of the item, on the item shall raise a rebuttable presumption that the item is drug paraphernalia, intended to be used for ingesting, inhaling or otherwise introducing cannabis or a controlled substance into a human body, or in preparing cannabis or a controlled substance for that use.
(2) Possession of drug paraphernalia authorized by Illinois law, including the Compassionate Use of Medical Cannabis Pilot Program Act as set forth in ILCS Ch. 410, Act 130, shall not be unlawful.
(Ord. 9396, passed 12-9-2019) Penalty, see § 136.99