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
 
HB1208 Engrossed            -2-      LRB093 04006 RLC 04045 b
 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,
 
HB1208 Engrossed            -3-      LRB093 04006 RLC 04045 b
 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
 
HB1208 Engrossed            -4-      LRB093 04006 RLC 04045 b
 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.