90th General Assembly
Summary of SB0128
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Short description: 
DRUG PARAPHRNLIA-REPLICA DEVIC                                             

Synopsis of Bill as introduced:
        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.                                                      
        SENATE AMENDMENT NO. 1.                                                
          Adds reference to:                                                   
          720 ILCS 600/6                  from Ch. 56 1/2, par. 2106           
        Changes definition of drug paraphernalia  to  include  equipment,      
   products,  and  materials  that are primarily intended or designed for      
   (rather than peculiar to and marketed for) the  manufacture,  growing,      
   storage,  concealing,  ingesting, injection, or inhalation of cannabis      
   or controlled  substances.   Includes  certain  items  in  those  that      
   constitute  drug  paraphernalia.  Provides that in determining whether      
   an item of drug paraphernalia is exempt the direct  or  circumstantial      
   evidence  of  the  ratio  of  sales of the items to the total sales of      
   tobacco products should be considered.  Deletes provision  that  draws      
   an inference in favor of the legitimacy of the transaction or item.         
          FISCAL NOTE (Dpt. Corrections)                                       
          Fiscal and corrections population impacts are minimal.               
          CORRECTIONAL NOTE                                                    
          No change from DOC fiscal note.                                      
          JUDICIAL NOTE                                                        
          There may be an increase in judicial workloads; it is not pos-       
          sible to determine impact on the number of judges needed.            
          STATE MANDATES FISCAL NOTE (DCCA)                                    
          SB128 fails to create a State mandate.                               
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes  provision  that  includes  in  the  definition  of  drug      
   paraphernalia certain described items that are advertised or  sold  as      
   replicas   or   decorative  devices  or  display  items.   In  purpose      
   provisions of the Act declares that the Act is  intended  to  suppress      
   the commercial traffic in and possession of items that are clearly and      
   beyond  a reasonable doubt primarily intended or designed (rather than      
   marketed) for the illegal use of cannabis or controlled substances.         
Last action on Bill: SESSION SINE DIE

   Last action date: 99-01-12

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


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