A. A person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing a controlled substance into the human body, or in preparing a controlled substance for that use, is guilty of a violation of this Section. This Section does not apply to a person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act.
B. Any person who keeps for sale, offers for sale, sells, or delivers for any commercial consideration an item of drug paraphernalia, is guilty of a violation of this Section.
C. In determining intent under Subsection A of this Section, the trier of fact may take into consideration the proximity of the controlled substances to drug paraphernalia or the presence of a controlled substance on the drug paraphernalia.
D. For the purpose of this Section, the definitions and exemptions in the Drug Paraphernalia Control Act, as amended, 720 ILCS 600/2 and 600/4, shall apply unless the context clearly indicates or requires a different meaning. "Drug paraphernalia" does not include "cannabis paraphernalia" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, 410 ILCS 705/1-10, as amended.
E. Any person who violates this Section shall be fined as provided in Section 1-13-7 of this code. (Ord. 2004-653, 3-2-2004; amd. Ord. 2020-1080, 2-3-2020)