A. Definitions: Whenever the following words or terms are used in this section, they shall have the meanings ascribed to them below unless the context otherwise requires:
CANNABIS: Shall have the meaning ascribed to it in subsection 4-3-13D1 of this chapter.
CONTROLLED SUBSTANCE: Shall have the meaning ascribed to it in section 102 of the Illinois Controlled Substances Act, 720 Illinois Compiled Statutes 570/102.
DELIVER OR DELIVERY: The actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship.
DRUG PARAPHERNALIA: All equipment, products and materials of any kind which are peculiar to or marketed 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 cannabis or a controlled substance in violation of the Cannabis Control Act, 720 Illinois Compiled Statutes 550/1 et seq., or the Illinois Controlled Substances Act, 720 Illinois Compiled Statutes 570/102. It includes, but is not limited to:
1. Kits peculiar to or marketed for use in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance;
2. Isomerization devices peculiar to or marketed for use in increasing the potency of any species of plant which is cannabis or a controlled substance;
3. Testing equipment peculiar to or marketed for private home use in identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances;
4. Diluents and adulterants peculiar to or marketed for cutting cannabis or a controlled substance by private persons;
5. Objects peculiar to or marketed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body including, where applicable, the following items:
a. Water pipes;
b. Carburetion tubes and devices;
c. Smoking and carburetion masks;
d. Miniature cocaine spoons and cocaine vials;
e. Carburetor pipes;
f. Electric pipes;
g. Air driven pipes;
h. Chillums;
i. Bongs; or ice pipes or chillers; or
6. Any item whose purpose, as announced or described by the seller, is for use in violation of this section.
B. Sale Or Delivery; Public Nuisance:
1. It shall be unlawful for any person who keeps for sale, offers for sale, sells, or delivers for any commercial consideration any item of drug paraphernalia.
2. 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 declared to be a public nuisance subject to the abatement procedures contained in section 6-6-2 of this Code.
C. Possession Of Drug Paraphernalia:
1. 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 in preparing cannabis or a controlled substance for that use.
2. In determining intent under this subsection C, the proximity of the cannabis or controlled substances to drug paraphernalia or the presence of cannabis or a controlled substance on the drug paraphernalia, may be considered.
D. Exemptions: 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.
2. Items marketed for, or 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.
Items exempt under this subsection include, but are not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette rolling papers.
3. Items defined in subsection 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 purpose prohibited by this section.
In determining whether or not a particular item is exempt under this subsection, the trier of fact should consider, in addition to all other logically relevant factors, the following:
a. The general, usual, customary, and historical use to which the item involved has been put;
b. 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;
c. Any written instructions accompanying the delivery of the item concerning the purposes or uses to which the item can or may be put;
d. Any oral instructions provided by the seller of the item at the time and place of sale or commercial delivery;
e. Any national or local advertising concerning the design, purpose or use of the item involved, and the entire context in which such advertising occurs;
f. 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;
g. 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; and
h. The existence and scope of legitimate uses for the object in the community.
Intent: It is the intent of this Code that the provisions of this section shall be substantially in accordance with the requirements of the State Drug Paraphernalia Control Act, 720 Illinois Compiled Statutes 600/1 et seq.
4. Items used solely for the authorized consumption of cannabis pursuant to the Cannabis Regulation and Tax Act, 410 ILCS 705/1 or the Illinois Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1 et seq.
E. Penalty: Any person convicted of a violation of any provision of this section shall be punished by a fine of two hundred fifty dollars ($250.00) as a civil penalty for each offense. Each day on which the violation continues shall constitute a separate violation. Upon satisfaction of the penalty, records relating to the violation shall be expunged in the manner provided by law. (Ord. 2192, 2-7-2005; amd. Ord. 2820, 12-16-2013; Ord. O2017-75, 12-4-2017; Ord. 2019-65, 12-16-2019)