(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) The term "CANNABIS" shall have the meaning ascribed to it in Section 3 of the "Illinois Cannabis Control Act", ILCS Ch. 720, Act 350, § 3, as if that definition were incorporated herein.
(2) The term "CONTROLLED SUBSTANCE" shall have the meaning ascribed to it in Section 102 of the "Illinois Controlled Substances Act", ILCS Ch. 720, Act 370, § 102, as if that definition were incorporated herein.
(3) "DELIVER" or "DELIVERY" means the actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship.
(4) "DRUG PARAPHERNALIA" means all equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined by Section 10 of the Methamphetamine Control and Community Protection Act, ILCS Ch. 720, Act 646, §§ 1 et seq., 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 cannabis or a controlled substance in violation of the "Cannabis Control Act," ILCS Ch. 720, Act 550, §§ 1 et seq., or the "Illinois Controlled Substances Act," ILCS Ch. 720, Act 570, §§ 100 et seq. It includes, but is not limited to:
(a) Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance;
(b) Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is cannabis or 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 cannabis or controlled substances;
(d) Diluents and adulterants intended to be used unlawfully for cutting cannabis or a controlled substance by private persons;
(e) Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil 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;
10. ice pipes or chillers;
(f) Any item whose purpose, as announced or described by the seller, is for use in violation of this section.
(B) Possession of drug paraphernalia.
(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, is guilty of unlawful possession of drug paraphernalia for which the court shall impose a minimum fine of $750.
(2) In determining intent under division (B)(1) above, the truer of fact may take into consideration the proximity of the cannabis or controlled substances to drug paraphernalia or the presence of cannabis or a controlled substance on the drug paraphernalia.
(3) A person who knowingly possesses an item of drug paraphernalia, but whose intent is not necessarily to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance for that use, is also guilty of unlawful possession of drug paraphernalia for which the court shall impose a fine no less than $55 nor more than $750.
(C) Exempt items - determination. This section shall not apply to:
(1) Items marketed for use in the preparation, compounding, packaging, labeling, or other use of cannabis or a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale; or
(2) (a) Items historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance.
(b) Items exempt under this subsection include, but are not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette-rolling papers.
(3) (a) Items listed in division (A) of this section which are marketed for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for any illicit purpose prohibited by this section.
(b) In determining whether or not a particular item is exempt under this division, the trier of fact should consider, in addition to all other logically relevant factors, the following:
1. The general, usual, customary, and historical use to which the item involved has been put;
2. Expert evidence concerning the ordinary or customary use of the item and the effect of any peculiarity in the design or engineering of the device upon its functioning;
3. Any written instructions accompanying the delivery of the item concerning the purposes or uses to which the item can or may be put;
4. Any oral instructions provided by the seller of the item at the time and place of sale or commercial delivery;
5. Any national or local advertising, concerning the design, purpose or use of the item involved, and the entire context in which such advertising occurs;
6. The manner, place and circumstances in which the item was displayed for sale, as well as any item or items displayed for sale or otherwise exhibited upon the premises where the sale was made;
7. Whether the owner or anyone in control of the object is a legitimate supplier of like or rated items to the community, such as a licensed distributor or dealer of tobacco products;
8. The existence and scope of legitimate uses for the object in the community.
(Ord. 2412-96, passed 4-3-96; Am. Ord. 10-0859, passed 5-19-10)