Full Text of HB6234 96th General Assembly
HB6234 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6234
Introduced 2/11/2010, by Rep. Arthur L. Turner - Jim Durkin - Karen A. Yarbrough - Dennis M. Reboletti and William B. Black SYNOPSIS AS INTRODUCED: |
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720 ILCS 600/2 |
from Ch. 56 1/2, par. 2102 |
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Amends the Drug Paraphernalia Control Act. Provides that "drug paraphernalia" includes individual tobacco wrappers, known as blunt wraps, whether in the form of a single tobacco leaf, sheet or tube, that typically consists of reconstituted tobacco leaf or flavored tobacco leaf; Provides that "blunt wrap" does not include a tobacco leaf wrap that is used in the manufacturing of a cigar with a pre-tax retail price of $3 or more. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB6234 |
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LRB096 18708 RLC 34092 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Drug Paraphernalia Control Act is amended by | 5 |
| changing Section 2 as follows:
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| (720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)
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| Sec. 2. As used in this Act, unless the context otherwise | 8 |
| requires:
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| (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.
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| (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.
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| (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.
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| (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,
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| cultivating, growing, harvesting, manufacturing, compounding,
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HB6234 |
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LRB096 18708 RLC 34092 b |
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| 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:
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| (1) kits intended to be used unlawfully in | 10 |
| manufacturing, compounding,
converting,
producing, | 11 |
| processing or preparing cannabis or a controlled | 12 |
| substance;
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| (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;
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| (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;
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| (4) diluents and adulterants intended to be used | 21 |
| unlawfully for cutting
cannabis
or a controlled substance | 22 |
| by private persons;
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| (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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HB6234 |
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LRB096 18708 RLC 34092 b |
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| (A) water pipes;
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| (B) carburetion tubes and devices;
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| (B-1) individual tobacco wrappers, known as blunt | 4 |
| wraps, whether in the form of a single tobacco leaf, | 5 |
| sheet or tube, that typically consists of | 6 |
| reconstituted tobacco leaf or flavored tobacco leaf; | 7 |
| however, the term "blunt wrap", as used in this | 8 |
| Section, does not include a tobacco leaf wrap that is | 9 |
| used in the manufacturing of a cigar with a pre-tax | 10 |
| retail price of $3 or more;
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| (C) smoking and carburetion masks;
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| (D) miniature cocaine spoons and cocaine vials;
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| (E) carburetor pipes;
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| (F) electric pipes;
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| (G) air-driven pipes;
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| (H) chillums;
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| (I) bongs;
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| (J) ice pipes or chillers;
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| (6) any item whose purpose, as announced or described | 20 |
| by the seller, is
for use in violation of this Act.
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| (Source: P.A. 93-526, eff. 8-12-03; 94-556, eff. 9-11-05 .)
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.
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