093_HB1208ham002

 










                                     LRB093 04006 RLC 13009 a

 1                    AMENDMENT TO HOUSE BILL 1208

 2        AMENDMENT NO.     .  Amend House Bill 1208 as follows:

 3    on page 1, line 5, by changing "Section 2" to "Sections 2 and
 4    4"; and

 5    on page 1, line 22, by changing "peculiar to" to  "associated
 6    with peculiar to"; and

 7    on  page  1, line 31 by changing "peculiar to" to "associated
 8    with peculiar to"; and

 9    on page 2, line 5, by changing "peculiar to"  to  "associated
10    with peculiar to"; and

11    on  page  2, line 9, by changing "peculiar to" to "associated
12    with peculiar to"; and

13    on page 2, line 13, by changing "peculiar to" to  "associated
14    with peculiar to"; and

15    on  page 2, line 15, by changing "peculiar to" to "associated
16    with peculiar to"; and

17    on page  2,  line  31,  by  replacing  the  period  with  the
18    following:
19    ";
20        (7)  Objects,  home  made or manufactured, which may have
 
                            -2-      LRB093 04006 RLC 13009 a
 1    uses, other than as drug paraphernalia as described  in  this
 2    subsection  (d), but are intended by the manufacturer, maker,
 3    or user of those objects to be used as drug paraphernalia  or
 4    which a reasonable person would believe would be used as drug
 5    paraphernalia."; and

 6    on  page  2,  by  inserting  between  lines  32  and  33  the
 7    following:

 8        "(720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
 9        Sec. 4.  Exemptions.  This Act shall not apply to:
10        (a)  Items   marketed   for   use   in  the  preparation,
11    compounding, packaging, labeling, or other use of cannabis or
12    a controlled substance as an  incident  to  lawful  research,
13    teaching, or chemical analysis and not for sale.
14        (b)  Items  marketed for, or historically and customarily
15    used  in  connection   with,   the   planting,   propagating,
16    cultivating, growing, harvesting, manufacturing, compounding,
17    converting,   producing,   processing,   preparing,  testing,
18    analyzing,  packaging,  repackaging,   storing,   containing,
19    concealing,  injecting,  ingesting, or inhaling of tobacco or
20    any other lawful substance.
21        Items exempt under this subsection include, but  are  not
22    limited  to,  garden  hoes,  rakes, sickles, baggies, tobacco
23    pipes, and cigarette-rolling papers.
24        (c)  Items listed in Section 2  of  this  Act  which  are
25    marketed  for  decorative purposes, when such items have been
26    rendered completely inoperable or incapable of being used for
27    any illicit purpose prohibited by this Act.
28        In determining whether or not a particular item is exempt
29    under this subsection, the trier of fact should consider,  in
30    addition   to  all  other  logically  relevant  factors,  the
31    following:
32             (1)  the general, usual, customary,  and  historical
33        use to which the item involved has been put;
 
                            -3-      LRB093 04006 RLC 13009 a
 1             (2)  expert  evidence  concerning  the  ordinary  or
 2        customary   use  of  the  item  and  the  effect  of  any
 3        peculiarity in the design or engineering  of  the  device
 4        upon its functioning;
 5             (3)  any   written   instructions  accompanying  the
 6        delivery of the item concerning the purposes or  uses  to
 7        which the item can or may be put;
 8             (4)  any oral instructions provided by the seller of
 9        the  item  at  the  time  and place of sale or commercial
10        delivery;
11             (5)  any national or  local  advertising  concerning
12        the  design, purpose or use of the item involved, and the
13        entire context in which such advertising occurs;
14             (6)  the manner, place and  circumstances  in  which
15        the  item  was displayed for sale, as well as any item or
16        items displayed for sale or otherwise exhibited upon  the
17        premises where the sale was made;
18             (7)  whether  the  owner or anyone in control of the
19        object is a legitimate supplier of like or related  items
20        to  the  community,  such  as  a  licensed distributor or
21        dealer of tobacco products;
22             (8)  the existence and scope of legitimate uses  for
23        the object in the community.
24        (d)  Objects  used  for ingesting, inhaling, or otherwise
25    introducing into the body cannabis or a controlled  substance
26    or  objects,  home  made or manufactured, that may have uses,
27    other than as drug paraphernalia, but  are  intended  by  the
28    manufacturer,  maker,  or user of those objects to be used as
29    drug paraphernalia or which a reasonable person would believe
30    would be used as drug paraphernalia are not exempt under this
31    Act.
32    (Source: P.A. 91-357, eff. 7-29-99.)".