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(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 an ordinance violation for which the court shall impose a minimum fine of $750 in addition to any other penalty prescribed for an ordinance violation. This division (A) does not apply to a person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act, being ILCS Ch. 720, Act 635, §§ 0.01 et seq.
(2) In determining intent under division (A) above, the trier 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.
(B) Definition. For purposes of this section the following definition shall apply unless the context clearly indicates or requires a different meaning.
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, being ILCS Ch. 720, Act 646, § 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 cannabis or a controlled substance in violation of the Cannabis Control Act, being ILCS Ch. 720, Act 550, §§ 1 et seq., the Illinois Controlled Substances Act, being ILCS Ch. 720, Act 570, Art. I et seq., or the Methamphetamine Control and Community Protection Act, being ILCS Ch. 720, Act 646, §§ 1 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; chillums;
8. Bongs; ice pipes or chillers.
(f) Any item whose purpose, as announced or described by the seller, is for use in violation of this section.
(C) Forfeiture. All drug paraphernalia is subject to forfeiture as provided in the statutes of the State of Illinois.
(Ord. 10-16, passed 11-4-2010)