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(720 ILCS 600/3.5)
Possession of drug paraphernalia.
(a) A person who knowingly possesses an item of drug paraphernalia
the intent to use it in ingesting, inhaling, or
otherwise introducing cannabis
a controlled substance into the human body, or in preparing cannabis or a
for that use, is guilty of a Class A misdemeanor for which the court
shall impose a minimum fine of $750 in addition to any other penalty prescribed
for a Class A
misdemeanor. This subsection (a) does not apply to a person who is legally
authorized to possess
hypodermic syringes or needles under the Hypodermic Syringes and Needles Act.
(b) In determining intent under subsection (a), the trier of fact may take
into consideration the proximity of the cannabis or controlled substances to
paraphernalia or the presence of cannabis or a controlled substance on the drug
(c) If a person violates subsection (a) of Section 4 of the Cannabis Control Act, the penalty for possession of any drug paraphernalia seized during the violation for that offense shall be a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. The proceeds of the fine shall be payable to the clerk of the circuit court. Within 30 days after the deposit of the fine, the clerk shall distribute the proceeds of the fine as follows:
(1) $10 of the fine to the circuit clerk and $10 of
the fine to the law enforcement agency that issued the citation; the proceeds of each $10 fine distributed to the circuit clerk and each $10 fine distributed to the law enforcement agency that issued the citation for the violation shall be used to defer the cost of automatic expungements under paragraph (2.5) of subsection (a) of Section 5.2 of the Criminal Identification Act;
(2) $15 to the county to fund drug addiction
(3) $10 to the Office of the State's Attorneys
Appellate Prosecutor for use in training programs;
(4) $10 to the State's Attorney; and
(5) any remainder of the fine to the law enforcement
agency that issued the citation for the violation.
With respect to funds designated for the Department of State Police, the moneys shall be remitted by the circuit court clerk to the Department of State Police within one month after receipt for deposit into the State Police Operations Assistance Fund. With respect to funds designated for the Department of Natural Resources, the Department of Natural Resources shall deposit the moneys into the Conservation Police Operations Assistance Fund.
(Source: P.A. 99-697, eff. 7-29-16.)