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90_SB0128
720 ILCS 600/2 from Ch. 56 1/2, par. 2102
720 ILCS 600/4 from Ch. 56 1/2, par. 2104
Amends the Drug Paraphernalia Control Act. Defines drug
paraphernalia to include any item described as drug
paraphernalia that is advertised as a replica or decorative
device or display item. Exempts these items when they are
rendered entirely unworkable or unusable in all of their
parts and functions so that they cannot be used or
retrofitted for use as functioning drug paraphernalia
devices. Eliminates exemption for items that are marketed
for the processing or use of tobacco or other lawful
substances and have not historically and customarily been
used in connection with these purposes. Effective
immediately.
LRB9000433RCks
LRB9000433RCks
1 AN ACT to amend the Drug Paraphernalia Control Act by
2 changing Sections 2 and 4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Drug Paraphernalia Control Act is amended
6 by changing Sections 2 and 4 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
9 otherwise requires:
10 (a) The term "cannabis" shall have the meaning ascribed
11 to 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
14 meaning ascribed to it in Section 102 of the "Illinois
15 Controlled Substances Act", as if that definition were
16 incorporated herein.
17 (c) "Deliver" or "delivery" means the actual,
18 constructive or attempted transfer of possession, with or
19 without consideration, whether or not there is an agency
20 relationship.
21 (d) "Drug paraphernalia" means all equipment, products
22 and materials of any kind which are peculiar to and marketed
23 for use in planting, propagating, cultivating, growing,
24 harvesting, manufacturing, compounding, converting,
25 producing, processing, preparing, testing, analyzing,
26 packaging, repackaging, storing, containing, concealing,
27 injecting, ingesting, inhaling or otherwise introducing into
28 the human body cannabis or a controlled substance in
29 violation of the "Cannabis Control Act" or the "Illinois
30 Controlled Substances Act". It includes, but is not limited
31 to:
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1 (1) Kits peculiar to and marketed for use in
2 manufacturing, compounding, converting, producing, processing
3 or preparing cannabis or a controlled substance;
4 (2) Isomerization devices peculiar to and marketed for
5 use in increasing the potency of any species of plant which
6 is cannabis or a controlled substance;
7 (3) Testing equipment peculiar to and marketed for
8 private home use in identifying or in analyzing the strength,
9 effectiveness or purity of cannabis or controlled substances;
10 (4) Diluents and adulterants peculiar to and marketed
11 for cutting cannabis or a controlled substance by private
12 persons;
13 (5) Objects peculiar to and marketed for use in
14 ingesting, inhaling, or otherwise introducing cannabis,
15 cocaine, hashish, or hashish oil into the human body
16 including, where applicable, the following items:
17 (A) water pipes;
18 (B) carburetion tubes and devices;
19 (C) smoking and carburetion masks;
20 (D) miniature cocaine spoons and cocaine vials;
21 (E) carburetor pipes;
22 (F) electric pipes;
23 (G) air-driven pipes;
24 (H) chillums;
25 (I) bongs;
26 (J) ice pipes or chillers;
27 (6) Any item whose purpose, as announced or described by
28 the seller, is for use in violation of this Act; .
29 (7) Any item described as drug paraphernalia in
30 paragraphs (1) through (6) of this subsection (d) that is
31 advertised or sold as a replica or decorative device or
32 display item.
33 (Source: P.A. 82-1032.)
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1 (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
2 Sec. 4. This Act shall not apply to:
3 (a) Items marketed for use in the preparation,
4 compounding, packaging, labeling, or other use of cannabis or
5 a controlled substance as an incident to lawful research,
6 teaching, or chemical analysis and not for sale; or
7 (b) Items marketed for, or historically and customarily
8 used in connection with the planting, propagating,
9 cultivating, growing, harvesting, manufacturing, compounding,
10 converting, producing, processing, preparing, testing,
11 analyzing, packaging, repackaging, storing, containing,
12 concealing, injecting, ingesting, or inhaling of tobacco or
13 any other lawful substance.
14 Items exempt under this subsection include, but are not
15 limited to, garden hoes, rakes, sickles, baggies, tobacco
16 pipes, and cigarette-rolling papers.
17 (c) Items listed in Section 2 (2) of this Act that which
18 are advertised or sold as replica or decorative devices or
19 display items when the items are rendered entirely unworkable
20 or unusable in all of their parts and functions so they
21 cannot be used or retrofitted for use as functioning drug
22 paraphernalia devices marketed for decorative purposes, when
23 such items have been rendered completely inoperable or
24 incapable of being used for any illicit purpose prohibited by
25 this Act.
26 In determining whether or not a particular item is exempt
27 under this subsection, the trier of fact should consider, in
28 addition to all other logically relevant factors, the
29 following:
30 (1) The general, usual, customary, and historical use to
31 which the item involved has been put;
32 (2) Expert evidence concerning the ordinary or customary
33 use of the item and the effect of any peculiarity in the
34 design or engineering of the device upon its functioning;
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1 (3) Any written instructions accompanying the delivery
2 of the item concerning the purposes or uses to which the item
3 can or may be put;
4 (4) Any oral instructions provided by the seller of the
5 item at the time and place of sale or commercial delivery;
6 (5) Any national or local advertising, concerning the
7 design, purpose or use of the item involved, and the entire
8 context in which such advertising occurs;
9 (6) The manner, place and circumstances in which the
10 item was displayed for sale, as well as any item or items
11 displayed for sale or otherwise exhibited upon the premises
12 where the sale was made;
13 (7) Whether the owner or anyone in control of the object
14 is a legitimate supplier of like or related items to the
15 community, such as a licensed distributor or dealer of
16 tobacco products;
17 (8) The existence and scope of legitimate uses for the
18 object in the community.
19 (Source: P.A. 82-1032.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.