(A) Definitions: The following definitions shall apply to this section:
CANNABIS: Shall have the meaning ascribed to it in section 6-1-20 of this chapter.
CANNABIS PARAPHERNALIA: All 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: Shall have the meaning ascribed to it in section 102 of the Illinois controlled substance act 1 and shall include cocaine and heroin.
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 (720 ILCS 646/10) and cannabis paraphernalia as defined herein and in Section 1-10 of the Cannabis Regulation and Tax Act (410 ILCS 705/1-10), 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 a controlled substance in violation of the Illinois Controlled Substances Act (720 ILCS 570/100 et seq.) or the Methamphetamine Control and Community Protection Act (720 ILCS 646/1 et seq.) or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act (410 ILCS 620/1 et seq.). It includes, but is not limited to:
1. Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing a controlled substance;
2. Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is a controlled substance;
3. Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness or purity of controlled substances;
4. Diluents and adulterants intended to be used unlawfully for cutting a controlled substance by private persons;
5. Objects intended to be used unlawfully in ingesting, inhaling or otherwise introducing a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act (410 ILCS 620/1 et seq.) 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 article.
(B) Possession Or Sale Or Delivery Of Drug Paraphernalia Prohibited: Except as otherwise permitted by the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.) or the Cannabis Regulation and Tax Act (410 ILCS 705/1-1, et seq.), it shall be unlawful for any person to possess, and unlawful for any person, business, corporation, place, premises, company or other legal entity to keep for sale, offer for sale, sell or deliver for any commercial consideration, or to give away drug paraphernalia.
(C) Possession of Cannabis Paraphernalia Prohibited. Persons under twenty one years of age may not possess cannabis paraphernalia, except as otherwise permitted by the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.). For persons twenty one and over, except as otherwise permitted by the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.) or the Cannabis Regulation and Tax Act (410 ILCS 705/1-1, et seq.), it is unlawful for any person to knowingly possess cannabis paraphernalia with the intent to use it in ingesting, inhaling or otherwise introducing cannabis into the human body or in preparing cannabis for that use. In determining intent under this section, the trier of fact may take into consideration the proximity of the cannabis to cannabis paraphernalia or the presence of cannabis on the cannabis paraphernalia.
(D) Sale or Delivery of Cannabis Paraphernalia. Except as otherwise permitted by the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.) or the Cannabis Regulation and Tax Act (410 ILCS 705/1-1, et seq.), it is unlawful for any person, business, corporation, place, premises, company or other legal entity to keep for sale, offer for sale, sell or deliver for any commercial consideration any item of cannabis paraphernalia.
(E) Exemptions: In addition tot any exemptions specified above, the provisions of this section shall not apply to manufacturers or wholesalers of medical supplies, nor to licensed physicians, medical technicians, nurses, hospitals or medical institutions or offices, embalmers or pharmacists when such use of drug paraphernalia is in the lawful, normal course of business of any of the above stated professional persons or institutions; nor shall the provisions of this section apply to persons possessing or using drug paraphernalia pursuant to the directions or under the care of a physician, or as a registered qualifying patient, registered designated caregiver, or dispensing organization agent, as defined by the compassionate use of medical cannabis program act (410 ILCS 130/1 et seq.) or the Cannabis Regulation and Tax Act (410 ILCS 705/1-1, et seq.).
(F) Penalty: Any person who violates this section shall be issued a notice of violation. The notice of violation shall direct the individual to prepay a fine of two hundred and fifty dollars ($250.00) or appear at an administrative hearing for the Village. Any person appearing before the Village's administrative hearing officer and found to have violated this section of this chapter shall be fined not less than two hundred and fifty dollars ($250.00) and not more than seven hundred and fifty dollars ($750.00) for each violation, and in the discretion of the hearing officer, may be referred to a suitable drug education, counseling, or rehabilitation program, or ordered to perform community service. (Ord. 2081, 6-20-1994; amd. Ord. 2154, 6-3-1996; Ord. 2879, 8-6-2015; Ord. 3038, 2-6-2020)
Notes
| 1 | 1. 720 ILCS 570/102. |