A. Definition: For purposes of this section,
DRUG PARAPHERNALIA means 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 and cannabis paraphernalia as defined in section 1-10 of the Cannabis Regulation and Tax Act, 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 a controlled substance in violation of the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act. It includes, but is not limited to:
1. Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing a controlled substance;
2. Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is a controlled substance;
3. Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness or purity of controlled substances;
4. Diluents and adulterants intended to be used unlawfully for cutting a controlled substance by private persons;
5. Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cocaine or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act 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; and
j. Ice pipes or chillers;
6. Any item whose purpose, as announced or described by the seller, is for use in violation of this Act.
B. Sale Or Delivery: It shall be unlawful for any person to sell, offer for sale or deliver any drug paraphernalia. In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:
1. Instructions or questions, oral or written, in conjunction with any sale concerning any item's use;
2. Descriptive materials accompanying the item which explain or depict its use;
3. National and local advertising concerning its use;
4. The manner in which the item is displayed for sale;
5. Whether the owner or anyone in control of the item is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of loose tobacco products;
6. Direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of loose tobacco;
7. Evidence that the item(s) sold accompanied a purchase of loose tobacco in an original manufacturer’s package;
8. The number of times an individual or group has purchased such item(s) in a three-month period without having purchased loose tobacco in an original manufacturer’s package;
9. The existence and scope of legitimate uses of the item in the community; and
10. Expert testimony concerning its use.
C .Possession: 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 introduction cannabis or a controlled substance for that use. In determining intent under this subsection, a trier of fact may take into consideration, amongst other things, the proximity of the cannabis or controlled substance to drug paraphernalia, the presence of cannabis or a controlled substance on the drug paraphernalia, whether or not the person in possession of the drug paraphernalia is under the influence of cannabis or another controlled substance.
D. Exemptions: This section does not apply to:
1. Items used 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 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;
3. Items listed in the Drug Paraphernalia Control Act (720 ILCS 600/1 et seq.) which are used for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for any illicit purpose prohibited by that act;
4. A person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act (720 ILCS 635/0.01 et seq.); or
5. A person who is legally authorized by or licensed through the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Pilot Program Act to exhibit, sell, display for sale, offer to sell, give away, or have in his possession, any drug paraphernalia.
E. Penalty: Any person or entity found to be in violation of this section shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each offense. For purposes of this section, each item of drug paraphernalia shall be chargeable and constitute a separate and different offense.
F. Administrative Adjudication: Citations issued for violating this section shall be administered through title 1, chapter 4, article A of this Code.
(Ord. 2506, 5-22-2018; amd. Ord. 2575, 5-26-2020)