Full Text of HB3265 97th General Assembly
HB3265eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning 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 by | 5 | | 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 otherwise | 8 | | requires: | 9 | | (a) The term "cannabis" shall have the meaning ascribed to | 10 | | 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 meaning | 13 | | ascribed to
it in Section 102 of the Illinois Controlled | 14 | | Substances Act, as if that
definition were incorporated herein. | 15 | | (c) "Deliver" or "delivery" means the actual, constructive | 16 | | or attempted
transfer of possession, with or without | 17 | | consideration, whether or not there
is an agency relationship. | 18 | | (d) "Drug paraphernalia" means all equipment, products and | 19 | | materials of
any kind, other than methamphetamine | 20 | | manufacturing materials as defined in Section 10 of the | 21 | | Methamphetamine Control and Community Protection Act, which | 22 | | are intended to be used unlawfully in planting, propagating,
| 23 | | cultivating, growing, harvesting, manufacturing, compounding,
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| 1 | | converting, producing, processing, preparing, testing, | 2 | | analyzing, packaging,
repackaging, storing, containing, | 3 | | concealing, injecting, ingesting, inhaling
or otherwise | 4 | | introducing into the human body cannabis or a controlled | 5 | | substance
in violation of the Cannabis Control Act, the | 6 | | Illinois Controlled
Substances
Act, or the Methamphetamine | 7 | | Control and Community Protection Act. It
includes, but is not | 8 | | limited to: | 9 | | (1) kits intended to be used unlawfully in | 10 | | manufacturing, compounding,
converting,
producing, | 11 | | processing or preparing cannabis or a controlled | 12 | | substance; | 13 | | (2) isomerization devices intended to be used | 14 | | unlawfully in increasing
the potency of any species of | 15 | | plant which is cannabis or a controlled
substance; | 16 | | (3) testing equipment intended to be used unlawfully in | 17 | | a private home for
identifying
or in analyzing the | 18 | | strength, effectiveness or purity of cannabis or | 19 | | controlled
substances; | 20 | | (4) diluents and adulterants intended to be used | 21 | | unlawfully for cutting
cannabis
or a controlled substance | 22 | | by private persons; | 23 | | (5) objects intended to be used unlawfully in | 24 | | ingesting, inhaling,
or otherwise introducing cannabis, | 25 | | cocaine, hashish, or hashish oil into
the human body | 26 | | including, where applicable, the following items: |
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| 1 | | (A) water pipes; | 2 | | (B) carburetion tubes and devices; | 3 | | (C) smoking and carburetion masks; | 4 | | (D) miniature cocaine spoons and cocaine vials; | 5 | | (E) carburetor pipes; | 6 | | (F) electric pipes; | 7 | | (G) air-driven pipes; | 8 | | (H) chillums; | 9 | | (I) bongs; | 10 | | (J) ice pipes or chillers; | 11 | | (5.5) products marketed and sold for a lawful purpose, | 12 | | which are intended to be used lawfully, but which may be | 13 | | misused for the unlawful purpose of ingesting, inhaling, or | 14 | | otherwise introducing cannabis, cocaine, hashish, or | 15 | | hashish oil into the human body including, where | 16 | | applicable, the following items: | 17 | | (A) individual cigar wrappers, known as wraps, | 18 | | blunt wraps, or roll your own cigar wraps, whether in | 19 | | the form of a sheet, tube or cone, that consist in | 20 | | whole or in part of reconstituted tobacco leaf or | 21 | | flavored tobacco leaf; | 22 | | (B) cored, hollowed out, or split cigars, but not | 23 | | including an intact cigar still in its original | 24 | | manufacturer packaging; | 25 | | (C) cigarette-rolling papers, also known as | 26 | | cigarette papers or as roll your own cigarette papers, |
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| 1 | | including but not by way of limitation wired cigarette | 2 | | papers; and | 3 | | (D) tobacco pipes; and | 4 | | (6) any item whose purpose, as announced or described | 5 | | by the seller, is
for use in violation of this Act. | 6 | | (Source: P.A. 93-526, eff. 8-12-03; 94-556, eff. 9-11-05 .) | 7 | | (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104) | 8 | | Sec. 4. Exemptions. This Act does not apply to: | 9 | | (a) Items used in the preparation, compounding,
| 10 | | packaging, labeling, or other use of cannabis or a | 11 | | controlled substance
as an incident to lawful research, | 12 | | teaching, or chemical analysis and not for
sale. | 13 | | (b) Items historically and customarily used in | 14 | | connection
with the planting, propagating, cultivating, | 15 | | growing, harvesting,
manufacturing, compounding, | 16 | | converting, producing, processing, preparing,
testing, | 17 | | analyzing, packaging, repackaging, storing, containing, | 18 | | concealing,
injecting, ingesting, or inhaling of tobacco | 19 | | or any other lawful substance. | 20 | | Items exempt under this subsection include, but are not | 21 | | limited to, garden
hoes, rakes, sickles, and baggies , | 22 | | tobacco pipes, and cigarette-rolling papers . | 23 | | (c) Items listed in Section 2 of this Act which are | 24 | | used for
decorative
purposes, when such items have been | 25 | | rendered completely inoperable or incapable
of being used |
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| 1 | | for any illicit purpose prohibited by this Act. | 2 | | (d) A person who is legally authorized to possess | 3 | | hypodermic syringes or
needles under the Hypodermic | 4 | | Syringes and Needles Act. | 5 | | In determining whether or not a particular item is exempt under | 6 | | this
Section, the trier of fact should consider, in addition
to | 7 | | all other logically relevant factors, the following: | 8 | | (1) the general, usual, customary, and historical use | 9 | | to which the item
involved has been put; | 10 | | (2) expert evidence concerning the ordinary or | 11 | | customary use of the item
and the effect of any peculiarity | 12 | | in the design or engineering of the device
upon its | 13 | | functioning; | 14 | | (3) any written instructions accompanying the delivery | 15 | | of the item
concerning
the purposes or uses to which the | 16 | | item can or may be put; | 17 | | (4) any oral instructions provided by the seller of the | 18 | | item at the time
and place of sale or commercial delivery; | 19 | | (5) any national or local advertising concerning the | 20 | | design, purpose
or use of the item involved, and the entire | 21 | | context in which such advertising
occurs; | 22 | | (6) the manner, place and circumstances in which the | 23 | | item was displayed
for sale, as well as any item or items | 24 | | displayed for sale or otherwise
exhibited
upon the premises | 25 | | where the sale was made; | 26 | | (7) whether the owner or anyone in control of the |
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| 1 | | object is a legitimate
supplier of like or related items to | 2 | | the community, such as a licensed
distributor or dealer of | 3 | | tobacco products; | 4 | | (8) the existence and scope of legitimate uses for the | 5 | | object in the
community. | 6 | | Notwithstanding the foregoing, there shall be a rebuttable | 7 | | presumption that the products identified in clauses (A) through | 8 | | (D) of subparagraph (5.5) of paragraph (d) of Section 2 of this | 9 | | Act are not drug paraphernalia when marketed or sold in | 10 | | conjunction with, or otherwise found or discovered solely in | 11 | | the presence of, tobacco; provided however, that there shall be | 12 | | a rebuttable presumption that any product or object identified | 13 | | in Section 2 is drug paraphernalia if the product or object | 14 | | either: (1) contains cannabis or the residue thereof or a | 15 | | controlled substance or the residue thereof; or (2) is found or | 16 | | discovered, or both, with or in close proximity to cannabis or | 17 | | a controlled substance. | 18 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 19 | | Section 10. The Tobacco Accessories and Smoking Herbs | 20 | | Control Act is amended by changing Sections 3, 4, and 5 as | 21 | | follows:
| 22 | | (720 ILCS 685/3) (from Ch. 23, par. 2358-3)
| 23 | | Sec. 3. Definitions. The following definitions shall apply | 24 | | to this
Act:
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| 1 | | (a) "Tobacco accessories" shall mean cigarette papers, | 2 | | pipes, holders
of smoking materials of all types, cigarette | 3 | | rolling machines, and other
items, designed primarily for the | 4 | | smoking or ingestion of tobacco products
or of substances made | 5 | | illegal under any statute or of substances whose
sale, gift, | 6 | | barter, or exchange is made unlawful under this Act.
| 7 | | (b) "Smoking herbs" shall mean all substances of plant | 8 | | origin and their
derivatives, including but not limited to | 9 | | broom, calea, California poppy,
damiana, hops, ginseng, | 10 | | lobelia, jimson weed and other members of the Datura
genus, | 11 | | passion flower and wild lettuce, which are processed or sold | 12 | | primarily
for use as smoking materials.
| 13 | | (c) "Bidi cigarette" means a product that contains tobacco | 14 | | that is
wrapped
in temburni or tendu leaf or that is wrapped in | 15 | | any
other material identified by rules of the Department of | 16 | | Public Health that is
similar in appearance or
characteristics | 17 | | to the temburni or tendu leaf.
| 18 | | (d) "Cigar wraps" shall mean individual cigar wrappers, | 19 | | known as wraps, blunt wraps, or roll your own cigar wraps, | 20 | | whether in the form of a sheet, tube or cone, that consists in | 21 | | whole or in part of reconstituted tobacco leaf or flavored | 22 | | tobacco leaf. | 23 | | (Source: P.A. 91-734, eff. 1-1-01.)
| 24 | | (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
| 25 | | Sec. 4. Offenses.
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| 1 | | (a) Sale to minors. No person shall knowingly sell,
barter, | 2 | | exchange, deliver or give away or cause or permit or procure to
| 3 | | be sold, bartered, exchanged, delivered, or given away tobacco | 4 | | accessories
or smoking herbs to any person under 18 years of | 5 | | age.
| 6 | | (a-5) Sale of bidi cigarettes. No person shall knowingly | 7 | | sell, barter,
exchange, deliver, or give away a bidi cigarette | 8 | | to another
person, nor shall a person cause or permit or | 9 | | procure a bidi cigarette to be
sold, bartered, exchanged, | 10 | | delivered, or given away to
another person.
| 11 | | (a-6) Sale of cigar wraps. No person shall knowingly sell, | 12 | | barter, exchange, deliver or give away or cause or permit or | 13 | | procure to be sold, bartered, exchanged, delivered, or given | 14 | | away cigar wraps to any person under 18 years of age. | 15 | | (b) Sale of cigarette paper. No person shall knowingly | 16 | | offer, sell,
barter, exchange, deliver or give away cigarette | 17 | | paper or cause, permit, or
procure cigarette paper to be sold, | 18 | | offered, bartered, exchanged,
delivered, or given away except | 19 | | from premises or an establishment where other
tobacco
products | 20 | | are sold. For purposes of this Section, "tobacco products" | 21 | | means
cigarettes, cigars, smokeless tobacco, or tobacco in any | 22 | | of its forms.
| 23 | | (c) Sale of cigarette paper from vending machines. No | 24 | | person shall
knowingly offer, sell, barter, exchange, deliver | 25 | | or give away cigarette
paper or cause, permit, or procure | 26 | | cigarette paper to be sold, offered,
bartered, exchanged, |
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| 1 | | delivered, or
given away by use of a vending or coin-operated | 2 | | machine or device. For
purposes of this Section, "cigarette | 3 | | paper" shall not
include any paper that is incorporated into a | 4 | | product to which a tax stamp
must be affixed under the | 5 | | Cigarette Tax Act or the Cigarette Use Tax Act.
| 6 | | (d) Use of identification cards. No person in the | 7 | | furtherance or
facilitation of obtaining smoking accessories , | 8 | | cigar wraps, and smoking herbs shall
display or use a false or | 9 | | forged identification card or transfer, alter, or
deface an | 10 | | identification card.
| 11 | | (e) Warning to minors. Any person, firm, partnership, | 12 | | company or
corporation operating a place of business where | 13 | | tobacco accessories , cigar wraps, and
smoking herbs are sold or | 14 | | offered for sale shall post in a conspicuous
place upon the | 15 | | premises a sign upon which there shall be imprinted the
| 16 | | following statement, "SALE OF TOBACCO ACCESSORIES , CIGAR | 17 | | WRAPS, AND SMOKING HERBS TO
PERSONS UNDER EIGHTEEN YEARS OF AGE | 18 | | OR THE MISREPRESENTATION OF AGE TO
PROCURE SUCH A SALE IS | 19 | | PROHIBITED BY LAW". The sign shall be printed on
a white card | 20 | | in red letters at least one-half inch in height.
| 21 | | (Source: P.A. 91-734, eff. 1-1-01.)
| 22 | | (720 ILCS 685/5) (from Ch. 23, par. 2358-5)
| 23 | | Sec. 5. Penalty.
| 24 | | (a) Any person who shall knowingly violate, or shall | 25 | | knowingly
cause the violation of any provision of this Act |
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| 1 | | other than
subsection (a-5) or (a-6) of Section 4 shall be | 2 | | guilty of a Class C
misdemeanor.
| 3 | | (b) Any person who knowingly violates or knowingly causes | 4 | | the
violation of subsection (a-5) of Section 4 is guilty of a | 5 | | petty
offense for which the offender may be fined an amount as | 6 | | follows:
| 7 | | (1) For a first offense, not less than $100 and not | 8 | | more than $500.
| 9 | | (2) For a second offense within a 2-year period, not | 10 | | less than $250 and
not more than $500.
| 11 | | (3) For a third or subsequent offense within a 2-year | 12 | | period, not less
than $500 and not more than $1,000.
| 13 | | (c) Any person who knowingly violates or knowingly causes | 14 | | the violation of subsection (a-6) of Section 4 is guilty of a | 15 | | Class C misdemeanor for a first offense, a Class B misdemeanor | 16 | | for a second offense within a 2-year period, and a Class A | 17 | | misdemeanor for a third or subsequent offense within a 3-year | 18 | | period. | 19 | | (Source: P.A. 91-734, eff. 1-1-01.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law. |
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