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90_SB0128eng
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.
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1 AN ACT to amend the Drug Paraphernalia Control Act by
2 changing Sections 2, 4, and 6.
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, 4, and 6 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 primarily intended or
23 designed peculiar to and marketed for use in planting,
24 propagating, cultivating, growing, harvesting, manufacturing,
25 compounding, converting, producing, processing, preparing,
26 testing, analyzing, packaging, repackaging, storing,
27 containing, concealing, injecting, ingesting, inhaling or
28 otherwise introducing into the human body cannabis or a
29 controlled substance in violation of the "Cannabis Control
30 Act" or the "Illinois Controlled Substances Act". It
31 includes, but is not limited 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 primarily intended or designed peculiar to
14 and marketed for use in ingesting, inhaling, or otherwise
15 introducing cannabis, cocaine, hashish, or hashish oil into
16 the human body including, where applicable, the following
17 items:
18 (A) water pipes;
19 (B) carburetion tubes and devices;
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;
27 (J) ice pipes or chillers;
28 (K) metal, acrylic, glass, stone, plastic, or ceramic
29 pipes with or without screens, permanent screens, hashish
30 heads, or punctured metal bowls;
31 (L) wooden pipes with bowls of less than 1/2 inch in
32 diameter, or total lengths of less than 2 1/2 inches, or
33 both;
34 (M) roach clips: meaning objects used to hold burning
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1 material, such as marijuana cigarette, that has become too
2 small or too short to be held in the hand;
3 (N) dug-out boxes;
4 (6) Any item whose purpose, as announced or described by
5 the seller, is for use in violation of this Act; .
6 (7) Any item described as drug paraphernalia in
7 paragraphs (1) through (6) of this subsection (d) that is
8 advertised or sold as a replica or decorative device or
9 display item.
10 (Source: P.A. 82-1032.)
11 (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
12 Sec. 4. This Act shall not apply to:
13 (a) Items marketed for use in the preparation,
14 compounding, packaging, labeling, or other use of cannabis or
15 a controlled substance as an incident to lawful research,
16 teaching, or chemical analysis and not for sale; or
17 (b) Items marketed for, or historically and customarily
18 used in connection with the planting, propagating,
19 cultivating, growing, harvesting, manufacturing, compounding,
20 converting, producing, processing, preparing, testing,
21 analyzing, packaging, repackaging, storing, containing,
22 concealing, injecting, ingesting, or inhaling of tobacco or
23 any other lawful substance.
24 Items exempt under this subsection include, but are not
25 limited to, garden hoes, rakes, sickles, baggies, tobacco
26 pipes, and cigarette-rolling papers.
27 (c) Items listed in Section 2 (2) of this Act that which
28 are advertised or sold as replica or decorative devices or
29 display items when the items are rendered entirely unworkable
30 or unusable in all of their parts and functions so they
31 cannot be used or retrofitted for use as functioning drug
32 paraphernalia devices marketed for decorative purposes, when
33 such items have been rendered completely inoperable or
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1 incapable of being used for any illicit purpose prohibited by
2 this Act.
3 In determining whether or not a particular item is exempt
4 under this subsection, the trier of fact should consider, in
5 addition to all other logically relevant factors, the
6 following:
7 (1) The general, usual, customary, and historical use to
8 which the item involved has been put;
9 (2) Expert evidence concerning the ordinary or customary
10 use of the item and the effect of any peculiarity in the
11 design or engineering of the device upon its functioning;
12 (3) Any written instructions accompanying the delivery
13 of the item concerning the purposes or uses to which the item
14 can or may be put;
15 (4) Any oral instructions provided by the seller of the
16 item at the time and place of sale or commercial delivery;
17 (5) Any national or local advertising, concerning the
18 design, purpose or use of the item involved, and the entire
19 context in which such advertising occurs;
20 (6) The manner, place and circumstances in which the
21 item was displayed for sale, as well as any item or items
22 displayed for sale or otherwise exhibited upon the premises
23 where the sale was made;
24 (7) Whether the owner or anyone in control of the object
25 is a legitimate supplier of like or related items to the
26 community, such as a licensed distributor or dealer of
27 tobacco products;
28 (8) The existence and scope of legitimate uses for the
29 object in the community;.
30 (9) Direct or circumstantial evidence of the ratio of
31 sales of the item or items to the total sales of tobacco
32 products by business enterprise.
33 (Source: P.A. 82-1032.)
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1 (720 ILCS 600/6) (from Ch. 56 1/2, par. 2106)
2 Sec. 6. This Act is intended to be used solely for the
3 suppression of the commercial traffic in and possession of
4 items that, within the context of the sale or offering for
5 sale, or possession, are clearly and beyond a reasonable
6 doubt marketed for the illegal and unlawful use of cannabis
7 or controlled substances. To this end all reasonable and
8 common-sense inferences shall be drawn in favor of the
9 legitimacy of any transaction or item.
10 (Source: P.A. 88-677, eff. 12-15-94.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.