(720 ILCS 600/4)
(from Ch. 56 1/2, par. 2104)
This Act does not apply to:
(a) 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.
(b) 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.
Items exempt under this subsection include, but are
not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette-rolling papers.
(c) Items listed in Section 2 of this Act 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 this Act.
(d) A person who is legally authorized to possess
hypodermic syringes or needles under the Hypodermic Syringes and Needles Act.
In determining whether or not a particular item is exempt under this
Section, the trier of fact should consider, in addition
to all other logically relevant factors, the following:
(1) the general, usual, customary, and historical use
to which the item involved has been put;
(2) 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;
(3) any written instructions accompanying the
delivery of the item concerning the purposes or uses to which the item can or may be put;
(4) any oral instructions provided by the seller of
the item at the time and place of sale or commercial delivery;
(5) any national or local advertising concerning the
design, purpose or use of the item involved, and the entire context in which such advertising occurs;
(6) 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;
(7) 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;
(8) the existence and scope of legitimate uses for
the object in the community.
(Source: P.A. 95-331, eff. 8-21-07.)