A. Definitions: As used in this section, unless the context otherwise requires:
CANNABIS: Shall have the meaning ascribed to it in subsection 4-7-9B1 of this chapter or section 3 of the "Cannabis Control Act", as if that definition were incorporated herein.
CONTROLLED SUBSTANCE: Shall have the meaning ascribed to it in section 102 of the "Illinois Controlled Substances Act", as if that definition were incorporated herein.
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 or any kind which peculiar to or marketed for use in or actually used in, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis or a controlled substance in violation of the "Cannabis Control Act" or the "Illinois Controlled Substances Act". It includes, but is not limited to, objects peculiar to and marketed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body including, where applicable, but not limited to, the following items:
1. Water pipes;
2. Carburetion devices;
3. Smoking and carburetion masks;
4. Miniature cocaine spoons and cocaine vials;
5. Electric pipes;
6. Air driven pipes;
7. Chillums;
8. Bongs;
9. Ice pipes or chillers;
10. Roach clips;
11. Metal, wooden, acrylic, glass, stone, plastic or ceramic marijuana or hashish pipes with or without screens, permanent screens, hashish heads or punctured metal bowls, such pipes having a bowl diameter of one-half inch (1/2") or less;
12. Any item, the purpose of which, as announced or described by the seller thereof, is for use in violation of this section.
B. Sale Or Possession Of Drug Paraphernalia:
1. It shall be unlawful for any person to sell, offer to sell, dispense, give away, or otherwise transfer any item of "drug paraphernalia" as defined herein.
2. It shall be unlawful for any person to possess "drug paraphernalia" as defined herein, for the purpose of ingesting, inhaling, or otherwise introducing cannabis or any controlled substance into the human body, or in preparing cannabis or a controlled substance for that use.
3. In determining whether an object is "drug paraphernalia", a court or other authority should consider, in addition to all other logically relevant factors, the following:
a. Statements by an owner or by anyone in control of the object concerning its use;
b. Prior convictions, if any, of an owner, or of anyone in control of the object, under any State or Federal law relating to any controlled substance;
c. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this section; the innocence of any owner, or of anyone in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
d. Instructions, oral or written, provided with the object which explain or depict its use;
e. Descriptive materials accompanying the object which explain or depict its use;
f. 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;
g. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
h. Proximity of the cannabis or controlled substances to drug paraphernalia or the presence of cannabis or a controlled substance on the drug paraphernalia;
i. The existence and scope of legitimate uses for the object in the community.
C. 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; or
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; or
3. Items listed in the definition of "drug paraphernalia" 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 illicit 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 items 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;
h. The existence and scope of legitimate uses for the object in the community. (Ord. 2012-08-31, 8-2-2012)