For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS. Includes marijuana, hashish and other substances which are identified as including any parts of the plant cannabis sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufactured salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.
CANNABIS PARAPHERNALIA. 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. Any substance as defined in Article II of the Illinois Controlled Substances Act, 720 ILCS 570/201 et seq.
DELIVER or DELIVERY. Actual, constructive or attempted transfer of possession of cannabis, with or without consideration, whether or not there is an agency relationship.
DRUG PARAPHERNALIA.
(1) All equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in § 10 of the Methamphetamine Control and Community Protection Act and cannabis paraphernalia as defined in § 1-10 of the Cannabis Regulation and Tax 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 a controlled substance in violation of 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.
(2) It includes, but is not limited to:
(a) Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing a controlled substance;
(b) Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is 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 controlled substances;
(d) Diluents and adulterants intended to be used unlawfully for cutting a controlled substance by private persons;
(e) Objects intended to be used unlawfully in ingesting, inhaling or otherwise introducing cocaine 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; and
10. Ice pipes or chillers;
(f) Any items whose purpose, as announced or described by the seller, is for use in violation of this Act.
KNOWLEDGE. Knows, acts knowingly or with knowledge:
(1) The nature or attendant circumstances of his or her conduct, described by the section defining the offense, when he or she is consciously aware that his or her conduct is of such nature or that such circumstances exist. KNOWLEDGE of a material fact includes awareness of the substantial probability that such fact exists;
(2) The result of his or her conduct, described by the section defining the offense, when he or she is consciously aware that such result is likely to be caused by his or her conduct; and
(3) KNOWLEDGE may be inferred from the surrounding circumstances.
MANUFACTURE. The production, preparation, propagation, compounding, conversion or processing of cannabis, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of cannabis or labeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of cannabis as an incident to lawful research, teaching, chemical analysis, or sold and possessed as provided in the Compassionate Use of Medical Cannabis Pilot Program Act, as amended, and the Cannabis Regulation and Tax Act, as amended.
NITROUS OXIDE (N2O). A colorless flammable gas used as an anesthetic and in aerosols.
NITROUS OXIDE CARTRIDGE. Any cartridge containing less than 20 ounces of compressed nitrous oxide (N2O).
ORDINARY PUBLIC VIEW. Within the sight line with normal visual range of a person, unassisted by visual aids, from a public street or sidewalk adjacent to real property, or from within an adjacent property.
PERSON. Any individual, corporation, business trust, estate, trust, partnership or association or any other entity.
POSSESSION. May be either actual or constructive.
(1) ACTUAL POSSESSION means exercising physical dominion.
(2) CONSTRUCTIVE POSSESSION may be inferred if the defendant has intent and capacity to maintain control and dominion over the cannabis or drug paraphernalia.
PRODUCE or PRODUCTION. Planting, cultivating, tending or harvesting.
(Ord. 19-29, passed 12-9-2019)