093_HB1208eng
HB1208 Engrossed LRB093 04006 RLC 04045 b
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 and 4 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, home made or manufactured, which
22 are associated with peculiar to or and marketed for use in
23 planting, propagating, cultivating, growing, harvesting,
24 manufacturing, compounding, converting, producing,
25 processing, preparing, testing, analyzing, packaging,
26 repackaging, storing, containing, concealing, injecting,
27 ingesting, inhaling or otherwise introducing into the human
28 body cannabis or a controlled substance in violation of the
29 "Cannabis Control Act" or the "Illinois Controlled Substances
30 Act". It includes, but is not limited to:
31 (1) Kits, home made or manufactured, associated with
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1 peculiar to or and marketed for use in manufacturing,
2 compounding, converting, producing, processing or preparing
3 cannabis or a controlled substance;
4 (2) Isomerization devices, home made or manufactured,
5 associated with peculiar to or and marketed for use in
6 increasing the potency of any species of plant which is
7 cannabis or a controlled substance;
8 (3) Testing equipment, home made or manufactured,
9 associated with peculiar to or and marketed for private home
10 use in identifying or in analyzing the strength,
11 effectiveness or purity of cannabis or controlled substances;
12 (4) Diluents and adulterants, home made or manufactured,
13 associated with peculiar to or and marketed for cutting
14 cannabis or a controlled substance by private persons;
15 (5) Objects, home made or manufactured, associated with
16 peculiar to or and marketed for use in ingesting, inhaling,
17 or otherwise introducing cannabis or a controlled substance,
18 cocaine, hashish, or hashish oil into the human body
19 including, where applicable, the following 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 (7) Objects, home made or manufactured, which may have
33 uses, other than as drug paraphernalia as described in this
34 subsection (d), but are intended by the manufacturer, maker,
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1 or user of those objects to be used as drug paraphernalia or
2 which a reasonable person would believe would be used as drug
3 paraphernalia.
4 (Source: P.A. 82-1032.)
5 (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
6 Sec. 4. Exemptions. This Act shall not apply to:
7 (a) Items marketed for use in the preparation,
8 compounding, packaging, labeling, or other use of cannabis or
9 a controlled substance as an incident to lawful research,
10 teaching, or chemical analysis and not for sale.
11 (b) Items marketed for, or historically and customarily
12 used in connection with, the planting, propagating,
13 cultivating, growing, harvesting, manufacturing, compounding,
14 converting, producing, processing, preparing, testing,
15 analyzing, packaging, repackaging, storing, containing,
16 concealing, injecting, ingesting, or inhaling of tobacco or
17 any other lawful substance.
18 Items exempt under this subsection include, but are not
19 limited to, garden hoes, rakes, sickles, baggies, tobacco
20 pipes, and cigarette-rolling papers.
21 (c) Items listed in Section 2 of this Act which are
22 marketed for decorative purposes, when such items have been
23 rendered completely inoperable or incapable of being used for
24 any illicit purpose prohibited by this Act.
25 In determining whether or not a particular item is exempt
26 under this subsection, the trier of fact should consider, in
27 addition to all other logically relevant factors, the
28 following:
29 (1) the general, usual, customary, and historical
30 use to which the item involved has been put;
31 (2) expert evidence concerning the ordinary or
32 customary use of the item and the effect of any
33 peculiarity in the design or engineering of the device
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1 upon its functioning;
2 (3) any written instructions accompanying the
3 delivery of the item concerning the purposes or uses to
4 which the item can or may be put;
5 (4) any oral instructions provided by the seller of
6 the item at the time and place of sale or commercial
7 delivery;
8 (5) any national or local advertising concerning
9 the design, purpose or use of the item involved, and the
10 entire context in which such advertising occurs;
11 (6) the manner, place and circumstances in which
12 the item was displayed for sale, as well as any item or
13 items displayed for sale or otherwise exhibited upon the
14 premises where the sale was made;
15 (7) whether the owner or anyone in control of the
16 object is a legitimate supplier of like or related items
17 to the community, such as a licensed distributor or
18 dealer of tobacco products;
19 (8) the existence and scope of legitimate uses for
20 the object in the community.
21 (d) Objects used for ingesting, inhaling, or otherwise
22 introducing into the body cannabis or a controlled substance
23 or objects, home made or manufactured, that may have uses,
24 other than as drug paraphernalia, but are intended by the
25 manufacturer, maker, or user of those objects to be used as
26 drug paraphernalia or which a reasonable person would believe
27 would be used as drug paraphernalia are not exempt under this
28 Act.
29 (Source: P.A. 91-357, eff. 7-29-99.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.