Public Act 93-0526

SB642 Enrolled                       LRB093 03289 RLC 03306 b

    AN ACT in relation to criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section   5.   The  Drug  Paraphernalia  Control  Act  is
amended by changing Sections 2, 4, and 6 as follows:

    (720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)
    Sec.  2.   As  used  in  this  Act,  unless  the  context
otherwise requires:
    (a)  The  term "cannabis" shall have the meaning ascribed
to it in Section 3 of the "Cannabis Control Act", as if  that
definition were incorporated herein.
    (b)  The  term  "controlled  substance"  shall  have  the
meaning  ascribed  to  it  in  Section  102  of the "Illinois
Controlled  Substances  Act",  as  if  that  definition  were
incorporated herein.
    (c)  "Deliver"   or   "delivery"   means   the    actual,
constructive  or  attempted  transfer  of possession, with or
without consideration, whether or  not  there  is  an  agency
relationship.
    (d)  "Drug  paraphernalia"  means all equipment, products
and materials of any kind  which  are  intended  to  be  used
unlawfully  peculiar  to  and  marketed  for use in planting,
propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting,  producing,  processing,  preparing,
testing,    analyzing,   packaging,   repackaging,   storing,
containing, concealing,  injecting,  ingesting,  inhaling  or
otherwise  introducing  into  the  human  body  cannabis or a
controlled substance in violation of  the  "Cannabis  Control
Act"   or  the  "Illinois  Controlled  Substances  Act".   It
includes, but is not limited to:
    (1)  Kits intended to be used unlawfully peculiar to  and
marketed  for  use in manufacturing, compounding, converting,
producing, processing or preparing cannabis or  a  controlled
substance;
    (2)  Isomerization devices intended to be used unlawfully
peculiar  to  and marketed for use in increasing  the potency
of any species of plant which is  cannabis  or  a  controlled
substance;
    (3)  Testing  equipment intended to be used unlawfully in
a peculiar to and  marketed  for  private  home  for  use  in
identifying  or  in  analyzing the strength, effectiveness or
purity of cannabis or controlled substances;
    (4)  Diluents  and  adulterants  intended  to   be   used
unlawfully peculiar to and marketed for cutting cannabis or a
controlled substance by private persons;
    (5)  Objects  intended  to be used unlawfully peculiar to
and marketed  for use in ingesting,  inhaling,  or  otherwise
introducing  cannabis,  cocaine, hashish, or hashish oil into
the human body including,  where  applicable,  the  following
items:
    (A)  water pipes;
    (B)  carburetion tubes and devices;
    (C)  smoking and carburetion masks;
    (D)  miniature cocaine spoons and cocaine vials;
    (E)  carburetor pipes;
    (F)  electric pipes;
    (G)  air-driven pipes;
    (H)  chillums;
    (I)  bongs;
    (J)  ice pipes or chillers;
    (6)  Any item whose purpose, as announced or described by
the seller, is for use in violation of this Act.
(Source: P.A. 82-1032.)

    (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
    Sec. 4.  Exemptions.  This Act does shall not apply to:
    (a)  Items  used  marketed  for  use  in the preparation,
compounding, packaging, labeling, or other use of cannabis or
a controlled substance as an  incident  to  lawful  research,
teaching, or chemical analysis and not for sale.
    (b)  Items  marketed for, or historically and customarily
used  in  connection   with,   the   planting,   propagating,
cultivating, growing, harvesting, manufacturing, compounding,
converting,   producing,   processing,   preparing,  testing,
analyzing,  packaging,  repackaging,   storing,   containing,
concealing,  injecting,  ingesting, or inhaling of tobacco or
any other lawful substance.
    Items exempt under this subsection include, but  are  not
limited  to,  garden  hoes,  rakes, sickles, baggies, tobacco
pipes, and cigarette-rolling papers.
    (c)  Items listed in Section 2 of this Act which are used
marketed for decorative purposes, when such items  have  been
rendered completely inoperable or incapable of being used for
any illicit purpose prohibited by this Act.
    In determining whether or not a particular item is exempt
under  this subsection, the trier of fact should consider, in
addition  to  all  other  logically  relevant  factors,   the
following:
         (1)  the  general,  usual, customary, and historical
    use to which the item involved has been put;
         (2)  expert  evidence  concerning  the  ordinary  or
    customary  use  of  the  item  and  the  effect  of   any
    peculiarity  in  the  design or engineering of the device
    upon its functioning;
         (3)  any  written  instructions   accompanying   the
    delivery  of  the item concerning the purposes or uses to
    which the item can or may be put;
         (4)  any oral instructions provided by the seller of
    the item at the time and  place  of  sale  or  commercial
    delivery;
         (5)  any  national  or  local advertising concerning
    the design, purpose or use of the item involved, and  the
    entire context in which such advertising occurs;
         (6)  the  manner,  place  and circumstances in which
    the item was displayed for sale, as well as any  item  or
    items  displayed for sale or otherwise exhibited upon the
    premises where the sale was made;
         (7)  whether the owner or anyone in control  of  the
    object  is a legitimate supplier of like or related items
    to the community,  such  as  a  licensed  distributor  or
    dealer of tobacco products;
         (8)  the  existence and scope of legitimate uses for
    the object in the community.
(Source: P.A. 91-357, eff. 7-29-99.)

    (720 ILCS 600/6) (from Ch. 56 1/2, par. 2106)
    Sec. 6.  This Act is intended to be used solely  for  the
suppression  of  the  commercial traffic in and possession of
items that, within the context of the sale  or  offering  for
sale,  or  possession,  are  clearly  and beyond a reasonable
doubt intended marketed for the illegal and unlawful  use  of
cannabis   or   controlled  substances.    To  this  end  all
reasonable and common-sense  inferences  shall  be  drawn  in
favor of the legitimacy of any transaction or item.
(Source: P.A. 88-677, eff. 12-15-94.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.