§ 131.01  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CANNABIS. As defined in 720 ILCS 550/3, as amended.
   COCAINE SPOON. A spoon with a bowl so small that the primary use for which it is reasonably adopted or designed is to hold or administer cocaine and which is so small as to be unsuited for the typical, lawful uses of a spoon. A cocaine spoon may or may not be merchandised on a chain and may or may not be labeled as a "cocaine" spoon or "coke" spoon.
   CONTROLLED SUBSTANCE. Any drug, substance or immediate precursor enumerated in 720 ILCS 570/203 and 570/204, 570/205 and 570/206, 570/207 and 570/208, 570/209 and 570/210, 570/211 and 570/212 (Scheds. 1-5) as amended (commonly known as the Controlled Substances Act).
   DRUG PARAPHERNALIA.
      (1)   All equipment, products and materials of any kind which are used, intended for use or designed 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 a controlled substance as defined in 720 ILCS 570/203 and 570/204, 570/205 and 570/206, 570/207 and 570/208, 570/209 and 570/210, 570/211 and 570/212 (Scheds. 1-5) as amended or cannabis as defined in 720 ILCS 550/3, as amended.
      (2)   DRUG PARAPHERNALIA includes, but is not limited to:
         (a)   Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or cannabis or from which a controlled substance or cannabis can be derived.
         (b)   Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substance or cannabis.
         (c)   Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance or cannabis.
         (d)   Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances or cannabis.
         (e)   Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances or cannabis.
         (f)   Diluents and adulterants, such as quinine hydrochloride, manitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances or cannabis.
         (g)   Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana.
         (h)   Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in packaging small quantities of controlled substances or cannabis.
         (i)   Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances or cannabis.
         (j)   Containers and other objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
            1.   Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.
            2.   Water pipes.
            3.   Carburetion tubes and devices.
            4.   Smoking and carburetion masks.
            5.   Roach clips, which are objects used to hold burning material, such as a marijuana cigarette, that has become too small/short to be held in the hand.
            6.   Carburetion pipes.
            7.   Electric pipes.
            8.   Air-driven pipes.
            9.   Chillums.
            10.   Bongs.
            11.   Ice pipes or chillers.
      (3)   In determining whether an object is drag 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)   The proximity of the object, in time and space, to a direct violation of this subchapter.
         (d)   The proximity of the object to controlled substances.
         (e)   The existence of any residue of controlled substances on the object.
         (f)   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 intend to use the object to facilitate a violation of this subchapter. The innocence of an owner or of anyone in control of the object as to a direct violation of this subchapter shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
         (g)   Instructions, oral and written, provided with the object concerning its use.
         (h)   Descriptive materials accompanying the object which explain or depict its use.
         (i)   National and local advertising concerning its use.
         (j)   The manner in which the object is displayed for sale.
         (k)   Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.
         (l)   The existence and scope of legitimate uses for the object in the community.
         (m)   Expert testimony concerning its use.
   MARIJUANA PIPE or HASHISH PIPE. A pipe characterized by a bowl which is so small that the primary use for which it is reasonably adopted or designed is the smoking of marijuana or hashish, rather than lawful smoking tobacco and which may or may not be equipped with a screen.
(Ord. 421, passed 6-3-2015)