093_SB0642enr
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1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Drug Paraphernalia Control Act is
5 amended by changing Sections 2, 4, and 6 as follows:
6 (720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)
7 Sec. 2. As used in this Act, unless the context
8 otherwise requires:
9 (a) The term "cannabis" shall have the meaning ascribed
10 to it in Section 3 of the "Cannabis Control Act", as if that
11 definition were incorporated herein.
12 (b) The term "controlled substance" shall have the
13 meaning ascribed to it in Section 102 of the "Illinois
14 Controlled Substances Act", as if that definition were
15 incorporated herein.
16 (c) "Deliver" or "delivery" means the actual,
17 constructive or attempted transfer of possession, with or
18 without consideration, whether or not there is an agency
19 relationship.
20 (d) "Drug paraphernalia" means all equipment, products
21 and materials of any kind which are intended to be used
22 unlawfullypeculiar to and marketed for use in planting,
23 propagating, cultivating, growing, harvesting, manufacturing,
24 compounding, converting, producing, processing, preparing,
25 testing, analyzing, packaging, repackaging, storing,
26 containing, concealing, injecting, ingesting, inhaling or
27 otherwise introducing into the human body cannabis or a
28 controlled substance in violation of the "Cannabis Control
29 Act" or the "Illinois Controlled Substances Act". It
30 includes, but is not limited to:
31 (1) Kits intended to be used unlawfullypeculiar to and
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1 marketed for use in manufacturing, compounding, converting,
2 producing, processing or preparing cannabis or a controlled
3 substance;
4 (2) Isomerization devices intended to be used unlawfully
5 peculiar to and marketed for use in increasing the potency
6 of any species of plant which is cannabis or a controlled
7 substance;
8 (3) Testing equipment intended to be used unlawfully in
9 apeculiar to and marketed for private home foruse in
10 identifying or in analyzing the strength, effectiveness or
11 purity of cannabis or controlled substances;
12 (4) Diluents and adulterants intended to be used
13 unlawfullypeculiar to and marketed for cutting cannabis or a
14 controlled substance by private persons;
15 (5) Objects intended to be used unlawfullypeculiar to
16 and marketed for use in ingesting, inhaling, or otherwise
17 introducing cannabis, cocaine, hashish, or hashish oil into
18 the human body including, where applicable, the following
19 items:
20 (A) water pipes;
21 (B) carburetion tubes and devices;
22 (C) smoking and carburetion masks;
23 (D) miniature cocaine spoons and cocaine vials;
24 (E) carburetor pipes;
25 (F) electric pipes;
26 (G) air-driven pipes;
27 (H) chillums;
28 (I) bongs;
29 (J) ice pipes or chillers;
30 (6) Any item whose purpose, as announced or described by
31 the seller, is for use in violation of this Act.
32 (Source: P.A. 82-1032.)
33 (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
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1 Sec. 4. Exemptions. This Act doesshall not apply to:
2 (a) Items usedmarketed for use in the preparation,
3 compounding, packaging, labeling, or other use of cannabis or
4 a controlled substance as an incident to lawful research,
5 teaching, or chemical analysis and not for sale.
6 (b) Items marketed for, or historically and customarily
7 used in connection with, the planting, propagating,
8 cultivating, growing, harvesting, manufacturing, compounding,
9 converting, producing, processing, preparing, testing,
10 analyzing, packaging, repackaging, storing, containing,
11 concealing, injecting, ingesting, or inhaling of tobacco or
12 any other lawful substance.
13 Items exempt under this subsection include, but are not
14 limited to, garden hoes, rakes, sickles, baggies, tobacco
15 pipes, and cigarette-rolling papers.
16 (c) Items listed in Section 2 of this Act which are used
17 marketed for decorative purposes, when such items have been
18 rendered completely inoperable or incapable of being used for
19 any illicit purpose prohibited by this Act.
20 In determining whether or not a particular item is exempt
21 under this subsection, the trier of fact should consider, in
22 addition to all other logically relevant factors, the
23 following:
24 (1) the general, usual, customary, and historical
25 use to which the item involved has been put;
26 (2) expert evidence concerning the ordinary or
27 customary use of the item and the effect of any
28 peculiarity in the design or engineering of the device
29 upon its functioning;
30 (3) any written instructions accompanying the
31 delivery of the item concerning the purposes or uses to
32 which the item can or may be put;
33 (4) any oral instructions provided by the seller of
34 the item at the time and place of sale or commercial
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1 delivery;
2 (5) any national or local advertising concerning
3 the design, purpose or use of the item involved, and the
4 entire context in which such advertising occurs;
5 (6) the manner, place and circumstances in which
6 the item was displayed for sale, as well as any item or
7 items displayed for sale or otherwise exhibited upon the
8 premises where the sale was made;
9 (7) whether the owner or anyone in control of the
10 object is a legitimate supplier of like or related items
11 to the community, such as a licensed distributor or
12 dealer of tobacco products;
13 (8) the existence and scope of legitimate uses for
14 the object in the community.
15 (Source: P.A. 91-357, eff. 7-29-99.)
16 (720 ILCS 600/6) (from Ch. 56 1/2, par. 2106)
17 Sec. 6. This Act is intended to be used solely for the
18 suppression of the commercial traffic in and possession of
19 items that, within the context of the sale or offering for
20 sale, or possession, are clearly and beyond a reasonable
21 doubt intendedmarketed for the illegal and unlawful use of
22 cannabis or controlled substances. To this end all
23 reasonable and common-sense inferences shall be drawn in
24 favor of the legitimacy of any transaction or item.
25 (Source: P.A. 88-677, eff. 12-15-94.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.