093_HB3004

 
                                     LRB093 05423 RLC 05513 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 amended
 5    by changing Section 2 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, whether commercially produced or
22    home-made, that which are peculiar to 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   peculiar   to   and   marketed   for  use  in
 
                            -2-      LRB093 05423 RLC 05513 b
 1    manufacturing, compounding, converting, producing, processing
 2    or preparing cannabis or a controlled substance;
 3        (2)  Isomerization devices peculiar to and  marketed  for
 4    use  in  increasing the potency of any species of plant which
 5    is cannabis or a controlled substance;
 6        (3)  Testing  equipment  peculiar  to  and  marketed  for
 7    private home use in identifying or in analyzing the strength,
 8    effectiveness or purity of cannabis or controlled substances;
 9        (4)  Diluents and adulterants peculiar  to  and  marketed
10    for  cutting  cannabis  or  a controlled substance by private
11    persons;
12        (5)  Objects  peculiar  to  and  marketed  for   use   in
13    ingesting,   inhaling,  or  otherwise  introducing  cannabis,
14    cocaine,  hashish,  or  hashish  oil  into  the  human   body
15    including, where applicable, the following items:
16        (A)  water pipes;
17        (B)  carburetion tubes and devices;
18        (C)  smoking and carburetion masks;
19        (D)  miniature cocaine spoons and cocaine vials;
20        (E)  carburetor pipes;
21        (F)  electric pipes;
22        (G)  air-driven pipes;
23        (H)  chillums;
24        (I)  bongs;
25        (J)  ice pipes or chillers;
26        (6)  Any item whose purpose, as announced or described by
27    the seller or user, is for use in violation of this Act.
28        (e)  "Home-made"  means  an  item  that  is  not marketed
29    commercially and is knowingly made from other items that  are
30    not  peculiar  to the illegal use of cannabis or a controlled
31    substance and that the user or maker of the item  knows  will
32    be  used  for  the  illegal  use  of cannabis or a controlled
33    substance.
34    (Source: P.A. 82-1032.)
 
                            -3-      LRB093 05423 RLC 05513 b
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.