A. It shall be unlawful for any person to knowingly possess 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 for the purpose of preparing cannabis or a controlled substance for that use. The provisions of this subsection shall not apply to persons legally authorized to possess hypodermic syringes or needles under the state of Illinois hypodermic syringes and needles act.
In determining intent under this section the court, administrative hearing officer or other trier of fact may take into consideration the proximity of the cannabis or controlled substance to the drug paraphernalia or the presence of cannabis or controlled substance on or in the drug paraphernalia.
B. It shall be unlawful for any person to offer for sale, sell, or deliver for any commercial consideration any item of drug paraphernalia.
C. Any store, place, or premises from which or in which any item of drug paraphernalia is kept for sale, offered for sale, sold, or delivered for any commercial consideration is hereby declared to be a public nuisance.
The village attorney, upon direction of the village president and board of trustees, at the recommendation of the chief of police, may commence an action in the circuit court of Henderson County to abate the public nuisance as described herein as outlined under section 4-1-2, "Penalties; Abatement Procedures", of this code. (Ord. 2010-07-05, 7-5-2010)