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(1) For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
DRUG PARAPHERNALIA. all equipment, products and materials of any kind which are used, intended for use, or marketed for use with illegal cannabis or dugs, as defined by the Illinois Compiled Statutes, 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 in violation of the Illinois Controlled Substances Act, being ILCS Ch. 720, Act 550, §§ 1 et seq., Illinois Compiled Statutes, DRUG PARAPHERNALIA includes, but is not limited to:
1. Kits used, intended for use or designed for use in the planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
2. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
3. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
4. Testing equipment, used, intended for use or designed for use in identifying or analyzing the strength, effectiveness or purity of controlled substances;
5. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;
6. Diluents and adulterants, such as quinine hydrochloride, mannitol, marmite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances;
7. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;
8. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;
9. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;
10. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;
11. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body, unless one has a doctor's order to possess these items; and
12. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips or other objects used to hold burning materials such as a marijuana cigarette which has become too small or short to be held in the hand;
f. Miniature cocaine spoons and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
l. Bongs; and
m. Ice pipes or chillers.
(2) In determining whether an object is DRUG PARAPHERNALIA, a court or other authority should consider, in addition to all other relevant factors the following:
(a) Statements by an owner or anyone in control of the object concerning its use;
(b) Prior convictions, if any, of an owner or anyone in control of the object, under any state or federal law relating to any controlled substances;
(c) The proximity of the object, in time and place, to a direct violation of this section;
(d) The proximity of the object to controlled substances;
(e) The existence of any residue of controlled substances on the object;
(f) Direct or circumstantial evidence of the intent of an owner or anyone in control of the object to deliver it to persons whom he or she knows, or should reasonably know, intend to use object to facilitate a violation of this section, shall not prevent a finding that the object is intended or designed for use as DRUG PARAPHERNALIA;
(g) Instructions, oral or written, provided with the object concerning its use;
(h) Descriptive materials accompanying the object which explain or depict its use;
(i) National and local advertising concerning the object's use;
(j) The manner in which the object is displayed for sale;
(k) 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;
(l) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise in question;
(m) The existence and scope of legitimate uses for the object in the community; and
(n) Expert testimony concerning the object's use.
(B) Forfeiture of property.
(1) All articles defined in division (A) above shall be subject to forfeiture.
(2) Property subject to forfeiture under this section may be seized by any peace officer upon process issued by any court having jurisdiction over the property. Seizure by any police officer without process may be made:
(a) If the property subject to seizure has been the subject of a prior judgment in favor of the village in an ordinance violation proceeding; and
(b) If there is probable cause to believe that the property is either directly or indirectly dangerous to health or safety.
(3) In the event of seizure pursuant to division (B)(2) above, proceedings under division (B)(4) below shall be promptly instituted.
(4) Property taken or detained under this section shall not be subject to replevin but is deemed to be in the custody of the Chief of Police, subject only to the orders of the court have jurisdiction over the forfeiture proceedings. When property is seized under this section, the Chief of Police may:
(a) Place the property under seal;
(b) Remove the property to a place designated by him or her; or
(c) Take custody of the property and remove it to an appropriate location for destruction.
Penalty, see § 136.99