Rep. Arthur L. Turner

Filed: 3/19/2010

 

 


 

 


 
09600HB6234ham003 LRB096 18708 RLC 39345 a

1
AMENDMENT TO HOUSE BILL 6234

2     AMENDMENT NO. ______. Amend House Bill 6234, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Drug Paraphernalia Control Act is amended
6 by changing Section 2 as follows:
 
7     (720 ILCS 600/2)  (from Ch. 56 1/2, par. 2102)
8     Sec. 2. As used in this Act, unless the context otherwise
9 requires:
10     (a) The term "cannabis" shall have the meaning ascribed to
11 it in Section 3 of the Cannabis Control Act, as if that
12 definition were incorporated herein.
13     (b) The term "controlled substance" shall have the meaning
14 ascribed to it in Section 102 of the Illinois Controlled
15 Substances Act, as if that definition were incorporated herein.
16     (c) "Deliver" or "delivery" means the actual, constructive

 

 

09600HB6234ham003 - 2 - LRB096 18708 RLC 39345 a

1 or attempted transfer of possession, with or without
2 consideration, whether or not there is an agency relationship.
3     (d) "Drug paraphernalia" means all equipment, products and
4 materials of any kind, other than methamphetamine
5 manufacturing materials as defined in Section 10 of the
6 Methamphetamine Control and Community Protection Act, which
7 are intended to be used unlawfully in planting, propagating,
8 cultivating, growing, harvesting, manufacturing, compounding,
9 converting, producing, processing, preparing, testing,
10 analyzing, packaging, repackaging, storing, containing,
11 concealing, injecting, ingesting, inhaling or otherwise
12 introducing into the human body cannabis or a controlled
13 substance in violation of the Cannabis Control Act, the
14 Illinois Controlled Substances Act, or the Methamphetamine
15 Control and Community Protection Act. It includes, but is not
16 limited to:
17         (1) kits intended to be used unlawfully in
18     manufacturing, compounding, converting, producing,
19     processing or preparing cannabis or a controlled
20     substance;
21         (2) isomerization devices intended to be used
22     unlawfully in increasing the potency of any species of
23     plant which is cannabis or a controlled substance;
24         (3) testing equipment intended to be used unlawfully in
25     a private home for identifying or in analyzing the
26     strength, effectiveness or purity of cannabis or

 

 

09600HB6234ham003 - 3 - LRB096 18708 RLC 39345 a

1     controlled substances;
2         (4) diluents and adulterants intended to be used
3     unlawfully for cutting cannabis or a controlled substance
4     by private persons;
5         (5) objects intended to be used unlawfully in
6     ingesting, inhaling, or otherwise introducing cannabis,
7     cocaine, hashish, or hashish oil into the human body
8     including, where applicable, the following items:
9             (A) water pipes;
10             (B) carburetion tubes and devices;
11             (B-1) individual tobacco wrappers, known as wraps,
12         blunt wraps, or roll your own cigar wraps, that are
13         made wholly or in part of tobacco, including
14         reconstituted tobacco or flavored tobacco, whether in
15         the form of a tobacco leaf, sheet or tube, if such
16         wrappers are designed to be sold or distributed to
17         individuals to enable them to encase, wrap or roll
18         material of any kind for purposes of smoking for their
19         personal use;
20             (C) smoking and carburetion masks;
21             (D) miniature cocaine spoons and cocaine vials;
22             (E) carburetor pipes;
23             (F) electric pipes;
24             (G) air-driven pipes;
25             (H) chillums;
26             (I) bongs;

 

 

09600HB6234ham003 - 4 - LRB096 18708 RLC 39345 a

1             (J) ice pipes or chillers;
2         (6) any item whose purpose, as announced or described
3     by the seller, is for use in violation of this Act.
4 (Source: P.A. 93-526, eff. 8-12-03; 94-556, eff. 9-11-05.)
 
5     Section 99. Effective date. This Act takes effect upon
6 becoming law.".